This property operated as a gasoline fueling site with three underground storage tanks. During 2007–2008 cleanup under the Voluntary Cleanup Program, all three USTs were removed and 1,044 tons of contaminated soil were excavated to depths of 17–18 feet. Investigations documented significant groundwater contamination including petroleum hydrocarbons, benzene, lead, and non-halogenated solvents. The site received a No Further Action determination in March 2010. 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 were in service well before 1986, predating the federal UST regulations that required leak detection and corrosion protection beginning in 1988. The scale of contamination — over a thousand tons of impacted soil excavated to 17–18 feet and extensive groundwater contamination with petroleum hydrocarbons and benzene — reflects decades of subsurface releases from aging tank infrastructure. Historical carriers who issued occurrence-based CGL policies during that pre-1986 operational window, when no effective pollution exclusion applied, may still be obligated to recover the remediation costs incurred at this site.
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.