This property has operated as a retail gasoline service station since the 1940s, with as many as nine underground storage tanks on the premises over the decades. Three 1986-vintage USTs eventually replaced older tanks, and subsurface investigations confirmed petroleum contamination in groundwater — benzene and petroleum hydrocarbons, along with lead at concentrations exceeding MTCA Method A cleanup levels. A dual-phase extraction system operated from 2009 through 2014 to remediate the contaminated groundwater, and the site received No Further Action status following a September 2016 Closure Report. 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 property began more than four decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The groundwater contamination documented here — benzene, petroleum hydrocarbons, and lead — traces directly to decades of UST operations that predate the 1986 policy shift. Remediation expenditures spanning years of dual-phase extraction and associated monitoring represent costs that historical carriers who issued CGL policies during the 1940s-through-1986 operational window may still be obligated to cover.
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.