This property operated as a gasoline fueling facility with underground storage tanks dating to approximately 1972, when three tanks — a 10,000-gallon super unleaded, an 8,000-gallon regular unleaded, and a 6,000-gallon regular unleaded — were installed. A fourth 4,000-gallon tank was added at a later date. All four tanks were removed in April 1990 and replaced under the Voluntary Cleanup Program, after groundwater beneath the site was found to contain BTEX and total petroleum hydrocarbon contamination above MTCA Method A cleanup levels. Remediation achieved Remediated Brownfield status, and the site 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.
The petroleum contamination at this property originated from underground storage tanks installed around 1972 — approximately fourteen years before occurrence-based Commercial General Liability policies began excluding pollution claims. The documented groundwater contamination by benzene, BTEX, and petroleum hydrocarbons, and the remediation costs required to bring the site from active contamination to No Further Action status, are precisely the type of environmental liabilities those pre-1986 CGL policies were designed to cover. Historical carriers who provided coverage during the 1972–1986 operational window may still bear obligations for the cleanup expenditures incurred here.
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.