This property operated as a gasoline service station from 1921 through 1972, with underground storage tanks installed during that period and subsequently removed in 1956 and 1972. Groundwater beneath the site was found to contain benzene and petroleum hydrocarbons including diesel-range and gasoline-range compounds. The site entered the Voluntary Cleanup Program and achieved No Further Action status in May 2023, with all identified groundwater contaminants remediated below applicable cleanup levels. 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.
Petroleum contamination at this site originated from gasoline service station operations that began in 1921 — more than six decades before occurrence-based CGL policies ceased reliably covering pollution claims in 1986. The full arc of remediation costs required to bring groundwater from contaminated status to below cleanup levels was incurred to address releases tied directly to those pre-1986 UST operations. Historical carriers who issued CGL policies to the station's operators during that 51-year window may still be obligated to recover those documented cleanup expenditures.
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.