This property operated as a gasoline service station — identified by Ecology as Former Exxon Station #7-0036 — with underground storage tanks that were removed in 1989. A subsurface investigation conducted in 1989–1990 confirmed contamination, with total petroleum hydrocarbons as diesel, ethylbenzene, xylenes, and lead detected in groundwater. The site entered the Voluntary Cleanup Program, and Ecology has since issued 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 underground storage tanks removed from this property in 1989 were, by standard industry lifecycle, installed decades earlier — well before 1986, when occurrence-based Commercial General Liability policies were the industry norm and carried no effective pollution exclusion. The petroleum and metals contamination found in groundwater originated from those pre-1986 tank operations. Historical carriers who covered the station during that window may still bear obligation for the remediation costs incurred to reach the site's No Further Action status.
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.