This property formerly operated as a gasoline service station, with underground storage tanks actively used through at least the 1960s–1970s before being abandoned in place. In April 1997, several abandoned USTs were removed from the site, and subsequent subsurface investigation confirmed petroleum contamination in groundwater — benzene, petroleum-gasoline, petroleum-diesel, and other petroleum compounds were all detected. Remediation brought all five identified contaminants below applicable 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.
The gasoline service station operations at this property date to decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination remediated here — benzene, diesel, gasoline, and related hydrocarbons in groundwater — originated from underground storage tanks operated during that pre-1986 window. Historical carriers who issued CGL policies covering those operations may still be obligated to recover the investigation and cleanup costs incurred to address the release.
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.