This property hosted two generations of gasoline service stations with underground storage tanks from at least 1953 through 1978, along with a residential heating oil UST in use from approximately the 1950s through 2014. Site investigations confirmed petroleum hydrocarbon contamination — including benzene, gasoline-range, diesel-range, and other petroleum fractions — in groundwater beneath the property. Remediation under the Voluntary Cleanup Program brought all contaminant concentrations below regulatory cleanup levels, and the site has 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.
Gasoline UST operations at this property began at least three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum releases that contaminated groundwater here — benzene, TPH-gasoline, TPH-diesel — originated from those pre-1986 underground storage tanks. Historical carriers who issued CGL policies during the 1953-through-1978 operational window may be obligated to reimburse the documented remediation costs incurred to bring the site to No Further Action status.
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.