This property operated as a gasoline service station equipped with three 12,000-gallon underground storage tanks and associated fuel-distribution piping. Petroleum contamination was discovered in a sanitary sewer line in September 1987, with free product found floating on groundwater in nearby test pits; integrity testing later confirmed the station's piping had been leaking. The USTs were taken out of service in 1988, and a 1990 Ecology Order (DE 90-S138) directed the property owner, The 205 Group, to address the contamination. 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 station's three 12,000-gallon USTs and associated piping were in place and operating before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The petroleum release discovered in 1987 resulted from degraded piping that had been leaking over an extended period, placing the contamination's origin squarely within the pre-1986 policy window. Historical carriers who issued CGL policies to the operators during those years of active fueling may still be obligated to recover the remediation costs 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.