This property was developed as a gasoline service station with an automotive repair shop and car wash in approximately 1963. Six underground storage tanks — holding gasoline, diesel, waste oil, and heating oil with a combined capacity exceeding 38,000 gallons — were installed that year and operated until decommissioning in 1992. Groundwater investigations under the Voluntary Cleanup Program identified lead, benzene, petroleum-gasoline, petroleum-diesel, and other non-halogenated organics, and the site has since received a No Further Action determination. 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 service operations at this property began in 1963 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The underground storage tanks installed and operated during that pre-1986 window are the documented source of lead, benzene, and petroleum contamination found in groundwater. Historical carriers who underwrote the station's CGL coverage during nearly a quarter-century of pre-1986 operations may still hold obligations to reimburse the remediation costs incurred to bring the site to its 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.