This property was developed in 1920 as an automobile service garage in Gig Harbor and operated as a gasoline station with underground storage tanks containing gas and oil. The USTs were removed in the 1970s, but petroleum hydrocarbons from decades of fuel storage had already contaminated groundwater, with gasoline-range and diesel-range petroleum products and arsenic detected at levels that threatened nearby drinking water supplies. The site entered the Voluntary Cleanup Program and has since reached 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.
Fuel storage and dispensing operations at this property date to 1920 — more than six decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions in 1986. The USTs that leaked gasoline and diesel hydrocarbons into groundwater were installed and operated entirely within that pre-1986 window, removed in the 1970s after years of service. Historical carriers who issued CGL policies covering this property during those decades of fuel operations may still bear obligation for the remediation costs incurred to bring the site to its current 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.