This property has been in commercial use since the 1940s, with the current structure built in 1973. A gasoline underground storage tank was installed during the mid-1970s and decommissioned by filling it in place with cement in 1984. Groundwater investigations identified contamination including petroleum hydrocarbons (TPHg), benzene, naphthalene, 1,2-dichloroethane, and polycyclic aromatic hydrocarbons. The site completed remediation under Washington's Voluntary Cleanup Program and 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 UST at this property was installed and operated from the mid-1970s through 1984 — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The petroleum and solvent contamination discovered in groundwater traces directly to that pre-1986 operational window. Remediation costs incurred to achieve the site's No Further Action status represent expenditures that historical CGL carriers covering the property during the 1970s and early 1980s may still be obligated to fund.
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.