This property operates as an active gasoline service station with three 10,000-gallon underground storage tanks. During station upgrades in 1993 — including installation of a Stage II Vapor Recovery System and new pump islands — a petroleum release was discovered, triggering remediation that included groundwater extraction wells and long-term monitoring. Petroleum contamination, including diesel-range and other petroleum hydrocarbons, was confirmed in groundwater beneath the site. The site has since received a No Further Action determination from Ecology. 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 petroleum infrastructure at this station predated the 1993 upgrades by decades, placing the original tank installations and fueling operations squarely within the pre-1986 window when occurrence-based CGL policies carried no effective pollution exclusion. The contamination discovered during those upgrades — diesel-range and other petroleum hydrocarbons in groundwater — originated from releases tied to that earlier infrastructure. The remediation costs incurred over three decades of investigation, extraction, and monitoring represent expenditures that historical carriers who covered the station during its pre-1986 operations 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.