The Chehalis Cardlock operated as an unattended fueling facility with two bare-steel, single-wall underground storage tanks that lacked corrosion protection and dispenser sumps. The tanks were decommissioned in July 2018, and site investigation identified petroleum-diesel, benzene, polycyclic aromatic hydrocarbons, and non-halogenated solvents as contaminants of concern. The site has received a No Further Action determination under Washington's standard cleanup program. 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 cardlock's bare-steel, single-wall tank construction — installed without corrosion protection or dispenser sumps — is consistent with pre-1986 installation, predating the 1988 federal UST regulations that mandated corrosion protection for new tanks. The roughly 25-year service life typical of bare-steel tanks, working back from their July 2018 decommissioning, further supports operation during the era when occurrence-based Commercial General Liability policies were standard. If historical carriers issued policies covering the cardlock during that pre-1986 window, the petroleum contamination identified at this site and the costs incurred to investigate and close it may fall within the scope of those policies.
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.