The former United Motors property on Pacific Highway South in Tukwila operated as a gasoline service station with underground storage tanks dispensing gasoline and diesel fuel. A UST closure and removal was completed in 1999, with site investigations confirming releases of gasoline, diesel, and heavy oil-range petroleum hydrocarbons into soil and groundwater, along with MTBE and arsenic in groundwater. The site was enrolled in Washington's Voluntary Cleanup Program and has received a No Further Action opinion from the Department of Ecology. 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 underground storage tanks at this former gas station were installed decades before their 1999 removal, placing their operational life squarely within the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The petroleum contamination discovered in soil and groundwater — including arsenic and MTBE — traces directly to releases from those long-operating tanks. Remediation expenditures incurred through the Voluntary Cleanup Program to reach No Further Action status represent costs that historical CGL carriers on the risk during the tanks' pre-1986 operating years may be obligated to cover.
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.