This property was developed as a retail fueling station in the 1980s, with four 10,000-gallon underground storage tanks originally installed in October 1982 according to Washington State Department of Ecology records. The USTs were upgraded in December 1990 and decommissioned in June 2021 as documented in a UST Decommissioning and Soil Removal Report. Groundwater investigations identified benzene and petroleum-diesel contamination associated with the fueling operations, and the site has since 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.
The underground storage tanks at this property were installed in 1982, placing the origin of fueling operations — and the contamination that followed — squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. Benzene and petroleum-diesel hydrocarbons found in groundwater trace directly to releases from those pre-1986 tank systems. The costs incurred for investigation, tank decommissioning, and soil removal to bring the site to No Further Action status represent expenditures that historical carriers who issued CGL policies during that operational window may still be obligated to cover.
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.