This property operated as a fueling station and grocery — also known as M&H Grocery — with underground storage tanks that were removed when the fueling station was demolished in December 2000. Site explorations conducted in 2017 and 2018 revealed gasoline-range organics (GRO) and BTEX compounds in groundwater exceeding MTCA Method A cleanup levels, lead contamination in groundwater, and benzene in soil gas exceeding Method B vapor-intrusion screening levels. The site has since achieved No Further Action status under the 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 underground storage tanks removed from this property in 2000 were, by standard industry lifecycle estimates, very likely installed before the mid-1970s — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum and lead contamination documented in groundwater and soil gas traces directly to those decades of fueling operations. Investigation and remediation costs incurred to reach the site's No Further Action determination represent expenditures that historical CGL carriers who covered the property during its pre-1986 operational window may be obligated to reimburse.
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.