This property operated as a gasoline service station with four steel single-wall underground storage tanks that were in place by at least 1988, when a subsurface investigation first identified petroleum contamination exceeding MTCA cleanup levels. A 1992 Environmental Assessment confirmed the presence of USTs, monitoring wells, and ongoing contamination at the site. The tanks were removed in October 1998, and work under the Voluntary Cleanup Program addressed petroleum hydrocarbons and benzene in groundwater; a 2011 Ecology opinion letter also flagged vapor intrusion into the station building and potential impacts to nearby Rolling Hills Creek and Springbrook Creek. 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 steel single-wall USTs at this station — the construction standard of the pre-1986 era — were in service well before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Petroleum contamination was already documented here in 1988, and the remediation trail that followed — tank removal, soil investigation, groundwater monitoring, vapor intrusion assessment — represents cleanup costs tied to operations that predate 1986. Historical CGL carriers who covered this gasoline station during its pre-1986 operating years may still bear obligations for the remediation expenditures the property incurred.
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.