This property operated as a Brand X gas station under the Southland Corporation (7-Eleven's parent company), with underground storage tanks that were already leaking from a cracked flange by April 1988 — releasing approximately 1,500 gallons of gasoline and sending explosive vapors into the basement of a neighboring home. Cleanup under Washington's Voluntary Cleanup Program included removal of the UST system in 1992 and extraction and treatment of over six million gallons of petroleum-contaminated groundwater. 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 UST system at this property was exhibiting age-related failure — a cracked flange — by April 1988, just two years after the 1986 cutoff, strongly indicating the tanks were installed and dispensing gasoline well before that date. Occurrence-based CGL policies issued to the station's operators during that pre-1986 window carried no effective pollution exclusion in Washington. The scale of remediation here — over six million gallons of contaminated groundwater treated, tank removal, and years of site work — represents substantial documented expenditures that the historical carriers who covered those pre-1986 operations may be obligated to reimburse.
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.