This gas station property in Kent has operated under at least five successive operators — Military Road Chevron, Kayo Oil, Circle K, Phillips 66/TOSCO, and ConocoPhillips — with three 10,000-gallon fiberglass underground storage tanks serving the site. By 2002, spill bucket deterioration had been identified at the tanks, and petroleum hydrocarbons including benzene were detected in groundwater. The site entered Washington's Voluntary Cleanup Program and 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.
The underground storage tanks at this property are estimated to have been installed in the late 1970s to early 1980s based on their documented lifecycle and condition, placing the facility's fueling operations squarely within the era of occurrence-based Commercial General Liability coverage. Policies issued to the successive operators during that pre-1986 window carried no effective pollution exclusion under Washington law. The remediation costs incurred to bring this site to No Further Action — addressing benzene and petroleum contamination in groundwater — represent expenditures that historical carriers from those policy years may 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.