This property was developed as a gasoline service station in 1983, originally operating as Texaco Service Station 63-232-0400. The site has been capped by asphalt and concrete since its initial development. Environmental investigations beginning with a 1989 soil assessment by Applied Geotechnology Inc. identified petroleum contamination in groundwater, and subsequent work including a 1994 piping upgrade was carried out under the Voluntary Cleanup Program. The site has since received a No Further Action determination from 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.
Petroleum contamination in groundwater at this property — diesel-range and other petroleum hydrocarbons — originated from fueling operations that began in 1983, three years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The investigation and remediation costs incurred over more than a decade of assessment, piping work, and monitoring to achieve the site's No Further Action status are the type of expenditures that historical CGL carriers who covered the Texaco station during that pre-1986 window may still be obligated to fund.
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.