Petroleum product operations existed at this Port Orchard property from as early as the 1930s or 1940s, culminating in a Texaco service station that closed in September 1988. Underground storage tanks were removed in December 1988, and by May 1990 gasoline constituents — benzene, toluene, ethylbenzene, and xylenes — had been detected in domestic drinking water wells downgradient of the property, exceeding cleanup standards. A 1992 Consent Decree was entered in Kitsap County Superior Court to address the contamination, and the site has since achieved No Further Action status. 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.
Petroleum operations at this site began roughly five decades before 1986, the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. The contamination that migrated from leaking underground storage tanks into neighborhood drinking water wells — triggering a Consent Decree and a full cleanup program — originated squarely within the coverage window of those pre-1986 policies. Historical carriers who insured the petroleum operators from the 1930s or 1940s through the mid-1980s may still be obligated to reimburse the remediation costs incurred to bring this site to closure.
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.