This property has been in continuous commercial use since the 1930s, initially operating as a gasoline service station through the 1940s before transitioning to a coal yard in the mid-1950s and then to a tire and service center from 1968 onward. Two abandoned 1,000-gallon underground gasoline storage tanks were discovered and removed in 1995, and site investigations identified petroleum products, halogenated solvents, and conventional organic contaminants in groundwater beneath the property. The site completed remediation under Washington's Standard Cleanup program and 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.
Gasoline storage and dispensing operations at this site began in the 1930s — more than five decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions in 1986. The petroleum and solvent contamination found in groundwater here traces to underground storage tanks that served those pre-1986 operations. Historical carriers who issued CGL policies during the decades this property operated as a gas station and service center may still be obligated to cover the remediation costs incurred to reach the No Further Action milestone.
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.