This property was developed as a gasoline service station in 1965, with a first generation of underground storage tanks operating from that date until their removal sometime before 1984. A second generation of USTs was installed in 1984 and remained in service until removal in 2013. Cleanup was conducted under the Voluntary Cleanup Program, addressing benzene, non-halogenated solvents, and petroleum-gasoline constituents detected in groundwater. The site received a No Further Action determination following completion of cleanup activities documented in a 2011 Cleanup Action Report and confirmed by a 2014 NFA Opinion Letter. 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 began in 1965 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The groundwater contamination documented here — benzene, petroleum hydrocarbons, and non-halogenated solvents — traces to underground storage tanks that were in service during that pre-1986 window. The remediation costs incurred to achieve the site's No Further Action status may be recoverable from historical carriers whose CGL policies were in force when these releases first occurred.
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.