This property operated as a service station and convenience store from approximately 1930 through 1980, with at least four underground fuel storage tanks on site. UST removals were carried out between 1992 and 2006, and subsurface investigations confirmed petroleum hydrocarbons and non-halogenated solvents in groundwater beneath the property. The site was enrolled in Ecology's Voluntary Cleanup Program and has 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.
Fueling operations at this property began around 1930 — more than five decades before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion in Washington. The petroleum contamination detected in groundwater originated from underground storage tanks installed and operated throughout that pre-1986 window. Historical carriers who issued CGL policies covering those decades of service station operations may be obligated to recover 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.