This property has operated as a gasoline station since the early 1960s, with underground storage tanks installed on several separate occasions beginning in that decade and a major renovation of the facility completed in 1975. A UST decommissioning was carried out in 1998, and petroleum contamination — diesel, gasoline, and other petroleum compounds — was identified in both groundwater and surface water at the site. Remedial action was conducted under the Voluntary Cleanup Program, culminating in 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 property date to the early 1960s — more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The petroleum releases to groundwater and surface water documented here originated from underground storage tanks installed and operated during that pre-1986 window. Historical carriers who issued CGL policies covering this site's operations during the 1960s and 1970s may still be obligated to recover the remediation costs incurred to reach the No Further Action determination.
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.