This property has operated as a fueling and car-wash facility since 1955, when a service station first opened at the site. A second phase of operations began in 1970 with a car wash and service station configuration that continued through at least the late 1980s. A 1991 UST removal project extracted three underground storage tanks — one 20,000-gallon and two 10,000-gallon — and left two additional 8,000- to 10,000-gallon tanks abandoned in place. Investigations confirmed petroleum hydrocarbons as gasoline, benzene, lead, metals priority pollutants, and non-halogenated solvents in groundwater, and the site achieved No Further Action status under Washington's Voluntary Cleanup Program. 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.
Fuel storage and dispensing operations at this property date to 1955 — more than three decades before occurrence-based CGL policies began excluding pollution claims. The underground storage tanks removed and abandoned in 1991 were consistent in age and capacity with pre-1986 installations, and the petroleum, benzene, and lead contamination confirmed in groundwater traces directly to those decades of fuel operations. Historical carriers who issued CGL policies covering this site during its 1955–1986 operational window may be obligated to recover the investigation and remediation costs incurred to reach the No Further Action determination.
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.