This property has operated as a fuel facility since 1963, with underground storage tanks serving retail petroleum operations for decades before two 1,000-gallon USTs were removed in 1990. Environmental investigations beginning in 1997 identified benzene, non-halogenated solvents, and petroleum-gasoline contamination in groundwater beneath the site. Remediation under the Voluntary Cleanup Program brought contaminant levels below applicable cleanup standards, and Ecology issued a No Further Action determination in March 2024. 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.
Fuel operations at this site began in 1963 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions in 1986. The underground storage tanks that caused benzene and petroleum hydrocarbon contamination in groundwater were installed and operated during an era when CGL policies routinely covered such releases without an effective pollution exclusion. The investigation and remediation costs incurred over decades to bring this site to No Further Action status represent expenditures that historical carriers who insured the facility during that pre-1986 window may still be obligated to recover.
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.