This property operated as a gasoline station equipped with four underground storage tanks — one heating oil tank and three 8,000-gallon gasoline USTs — reportedly installed in 1973. Those original tanks were removed in 1998 and a replacement UST was installed the same year. Groundwater investigations identified MTBE, petroleum-diesel, and petroleum-gasoline contamination at the site, and the property has since received a No Further Action determination from the Washington Department of Ecology. 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 petroleum contamination detected in groundwater here — MTBE, diesel-range, and gasoline-range hydrocarbons — traces to underground storage tanks installed in 1973, more than a decade before occurrence-based Commercial General Liability policies began carrying effective pollution exclusions. Carriers who issued CGL policies covering this gas station during its 1973–1998 original-tank operational window may bear an obligation to reimburse the cleanup costs that were 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.