This property operated as a Unocal service station with underground storage tanks that, based on their 1992 closure date and standard tank lifecycle analysis, were likely installed in the late 1960s. A closure assessment completed in April 1992 documented the tank removals, and subsequent investigation confirmed a release of total petroleum hydrocarbons into soil and groundwater, with lead, benzene, diesel-range petroleum, and other non-halogenated organics detected in groundwater. The Washington Department of Ecology issued a No Further Action determination for the site in July 1996. 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 underground storage tanks at this former Unocal station were installed and operated during an era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion — decades before the 1986 shift to claims-made coverage with absolute pollution exclusions. The petroleum and lead contamination documented in groundwater here originated from those pre-1986 tank operations, and the remediation costs incurred to reach the 1996 No Further Action determination represent expenditures that historical CGL carriers may still be obligated to recover.
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.