This property has operated as a gas station since the late 1960s, with a gasoline spill of some consequence occurring at the site during that early period. The underground storage tanks were relined in 1988 under newly enacted UST regulations and removed in December 1991. Remedial investigation confirmed that petroleum-gasoline contamination in groundwater originated from the spill approximately four decades earlier, and the site has since received a No Further Action determination under the 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.
Gasoline operations at this site began in the late 1960s — nearly two decades before the 1986 shift away from occurrence-based Commercial General Liability policies. The petroleum contamination in groundwater here traces directly to a spill during that pre-1986 operational window, when CGL policies carried no effective pollution exclusion. Historical carriers who provided coverage during the late 1960s through the mid-1980s may be obligated to recover the remediation costs incurred to investigate and clean up this release.
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.