This property operated as a gas station and auto parts store at the southwest corner of State Highway 101 and Herbert Street in Quilcene. Eight underground storage tanks were present on the property, with the oldest four dating to the 1940s and 1960s; those tanks were removed in June 1997 by DLH Environmental. Site investigations identified benzene and petroleum-gasoline contamination in groundwater and air, and the site has since achieved No Further Action status under Ecology's standard 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.
Underground storage tanks at this property were installed as early as the 1940s — more than four decades before the 1986 shift away from occurrence-based Commercial General Liability coverage. The benzene and petroleum contamination documented in groundwater and air here traces directly to releases from those pre-1986 tank operations. Historical carriers who provided CGL coverage during the decades those tanks were in service may still be obligated to recover the remediation costs incurred to bring this site to closure.
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.