This property has operated as a 7-Eleven retail gasoline service station since 1985, when Southland Corporation purchased the site and installed three 10,000-gallon single-wall steel underground storage tanks in December of that year. The site was enrolled in Washington's Voluntary Cleanup Program to address petroleum releases from the UST system affecting groundwater. Cleanup actions have been completed and the site has 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.
The underground storage tanks at this property were installed in December 1985 — just weeks before the January 1, 1986 date after which occurrence-based Commercial General Liability policies began routinely excluding pollution claims. Benzene and petroleum hydrocarbons from those tanks were confirmed in groundwater, and the remediation costs incurred through the Voluntary Cleanup Program to reach No Further Action status represent expenditures that historical carriers who issued CGL policies during that pre-1986 window 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.