This property has operated as a gasoline service station since at least 1964, with underground storage tanks installed in 1964 and 1970 for gasoline dispensing and a waste oil UST added in 1985. Petroleum-related contamination — including methyl tertiary-butyl ether (MTBE), benzene, and gasoline-range hydrocarbons — has been identified in groundwater beneath the site. The property was addressed through Washington's Voluntary Cleanup Program and 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.
Gasoline storage and dispensing operations at this site began more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The groundwater contamination documented here — MTBE, benzene, and petroleum hydrocarbons — traces directly to underground storage tanks installed in 1964 and 1970, squarely within the coverage window of those historical policies. Carriers who issued CGL policies during those years of operation may still be obligated to reimburse the remediation costs incurred to achieve the site's No Further Action status.
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.