This property operated as a gas station and car wash from the early 1970s through 2012, with three 10,000-gallon underground storage tanks installed in April and May of 1973. Investigation under the Voluntary Cleanup Program identified diesel and carcinogenic polycyclic aromatic hydrocarbons (PAHs) in groundwater above MTCA cleanup levels at depths exceeding 92 feet below ground surface. The site has since received a No Further Action determination. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The underground storage tanks at this property were installed in 1973 — more than a decade before 1986, when occurrence-based Commercial General Liability policies ceased to be the industry standard. Petroleum operations spanning from the early 1970s through 2012 generated contamination that required site assessment, groundwater investigation, and cleanup through the Voluntary Cleanup Program. Historical carriers who issued CGL policies during those pre-1986 operating years may still bear obligation for the remediation costs incurred to address the diesel and PAH contamination documented at this site.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.