This property operated as a commercial fueling station with underground storage tanks, piping, and a fuel-dispensing island installed in 1978; buildings on the property date to 1976–1977. Site characterization identified dissolved-phase petroleum contamination in groundwater, including diesel concentrations up to 14,000 µg/L, gasoline at 5,400 µg/L, benzene at 120 µg/L, and total lead at 81 µg/L in monitoring wells. Remediation was conducted under the Voluntary Cleanup Program, and all groundwater contaminants — diesel, gasoline, benzene, and lead — have been remediated below applicable standards, achieving No Further Action status. 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 petroleum infrastructure at this site was installed in 1978, eight years before the insurance industry's shift to claims-made pollution exclusions. Occurrence-based CGL policies in effect during that pre-1986 operational window would have covered the type of gradual underground release that sent diesel, benzene, and lead into groundwater here. The full cost of site characterization, groundwater remediation, and monitoring required to bring contaminant concentrations below cleanup levels represents expenditures that historical carriers who wrote coverage during the 1978-and-forward window may still be obligated to reimburse.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.