This property has operated as a gasoline service station since 1978, with two generations of underground storage tanks installed in a single basin over its history. USTs were removed in 1994, and subsequent investigations — including a Phase I ESA in 2018 and a supplemental subsurface investigation in 2023 — identified petroleum hydrocarbons (gasoline, diesel, and benzene) in groundwater beneath the site. Remediation brought all contaminant concentrations below applicable cleanup levels, and the site has received a No Further Action determination. 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.
Petroleum contamination at this property originated from underground storage tanks that were in service as early as 1978 — eight years before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures required to bring groundwater contamination below cleanup standards are tied directly to releases from those pre-1986 fueling operations. Historical carriers who wrote CGL policies covering this gas station during the 1978–1986 window may still owe a duty to indemnify those cleanup costs.
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.