This property was developed as a retail gasoline service station in 1963, with six underground storage tanks — including four gasoline tanks and two oil tanks — installed at that time. The station operated continuously until 2009. A petroleum release was reported to Ecology in 1989, following a preliminary site assessment by Hart Crowser in 1988, and the original USTs were replaced during 1992 upgrades. Cleanup proceeded under the Voluntary Cleanup Program, and the site has achieved No Further Action status. 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 1963, more than two decades before the 1986 transition away from occurrence-based Commercial General Liability coverage. The petroleum release that contaminated groundwater with MTBE, benzene, and gasoline-range hydrocarbons traces directly to USTs installed and operated during that pre-1986 window. Historical carriers who wrote CGL policies covering this station between 1963 and 1986 may still bear obligation for the investigation, tank replacement, and remediation costs incurred to reach the site's current No Further Action status.
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.