This property operated as a gasoline service station from at least 1936 through 1962, after which it transitioned to various automobile sales and service operations. A 1999 subsurface investigation documented the site's fuel-dispensing history through city directories and interviews and identified unregistered underground storage tanks predating state registration requirements. Petroleum hydrocarbons — both gasoline and diesel constituents — were detected in groundwater beneath the property. The site was enrolled in the Voluntary Cleanup Program and has since 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 service station operations at this property began at least fifty years before 1986, the year occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The petroleum contamination found in groundwater here traces directly to underground storage tanks so old they were never registered under state programs — tanks that were in active use during the decades when CGL policies carried no effective pollution exclusion. Historical carriers who provided coverage during that 1936-to-1962 service station era may still bear obligations for 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.