This property operated as a gasoline station from 1984 to 2014, with three 12,000-gallon single-wall fiberglass underground storage tanks installed in 1984 for fuel distribution. Petroleum releases from the UST system resulted in benzene, non-halogenated solvents, and other petroleum compounds reaching groundwater beneath the site. The tanks were subsequently removed, and the site entered Washington's Voluntary Cleanup Program; it 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 gasoline distribution system at this property was installed in 1984 — two years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Benzene and petroleum contamination in groundwater originated from those 1984-era underground storage tanks, and the remediation costs incurred to reach No Further Action — tank removal, site investigation, and groundwater response — are the type of expenditures that historical CGL carriers may be obligated to reimburse under the policies in effect when the contamination first occurred.
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.