This property has operated as an automotive service and fueling station since at least 1968, when aerial photographs show the station building and dispenser islands already in place. Six original steel underground storage tanks dating to approximately 1970 were discovered and removed in 1995, and current fiberglass USTs were installed in 1985. Petroleum hydrocarbon contamination above cleanup levels was identified in UST excavation water samples collected in 1995 and 2006. The site completed cleanup under the Voluntary Cleanup Program and 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.
The petroleum contamination at this station traces to steel underground storage tanks installed around 1970 and operated for roughly two decades before 1986 — first under Texaco ownership, then through subsequent operators. Occurrence-based CGL policies issued during that pre-1986 window carried no effective pollution exclusion in Washington and remain a potential source of cost recovery. The documented remediation expenditures — tank removal, excavation, and the investigation work underpinning the site's No Further Action determination — represent costs that historical carriers who covered the property during that operational period may be obligated to address.
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.