This property has operated as a gas station and convenience store since at least 1959, when the main structure was built as a mini-mart and restaurant in Buckley, Pierce County. Underground storage tanks were registered at the site as early as 1986, and a diesel release led to TPH-G and BTEX contamination in both soil and groundwater. Remediation under the Voluntary Cleanup Program included in-situ chemical oxidation (ISCO), ORC-A injections, soil excavation, and groundwater monitoring, and the site has achieved 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.
With commercial operations at this property dating to 1959, more than two and a half decades of activity preceded 1986 — the year occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation costs for this diesel release — chemical oxidation, injection treatments, excavation, and monitoring — are the type of environmental cleanup expenditures that historical CGL carriers may be obligated to reimburse under policies issued during the facility's pre-1986 operational window.
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.