The northern portion of this property housed a former gasoline station with multiple underground storage tanks, including gasoline USTs, a used oil UST, and up to four additional tanks. Leakage and spills from these USTs released benzene into groundwater at concentrations exceeding Washington State cleanup standards. The site was remediated under the Voluntary Cleanup Program, and Ecology has issued 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.
The gasoline station's underground storage tanks were already decommissioned by 2000, placing their operational life squarely in the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The benzene contamination in groundwater — documented above state standards and traced directly to UST leakage — is the type of gradual release those policies were designed to cover. The investigation and remediation costs incurred to reach No Further Action status represent expenditures that historical carriers who insured the station during its operating years may still be obligated to fund.
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.