Roby's Services operated as a gas station and auto repair facility in Buena from the 1950s until approximately 2003, with five underground storage tanks supporting decades of petroleum storage and dispensing. Gasoline contamination in soils was discovered in 1993 during sewer installation activities, and the USTs were removed in 2001. Ecology confirmed petroleum contamination from the leaking tanks, and the site has reached No Further Action status, with a Periodic Review completed in 2022. 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.
Petroleum storage and dispensing at this property began more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The gasoline contamination discovered in soil and groundwater traces directly to those pre-1986 tank operations — releases from underground infrastructure that operated throughout the 1950s, 1960s, 1970s, and into the 1980s. Historical carriers who issued CGL policies during that window may still be obligated to recover the remediation costs incurred to investigate and clean up this site.
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.