This property has operated as a fueling station since at least 1964, when five underground storage tanks — including three 10,000-gallon gasoline USTs, a 550-gallon waste oil tank, and a 1,000-gallon heating oil tank — were installed on site. Aerial photographs confirm a service station at the property from approximately 1965, and the facility operated as a Texaco station from roughly 1976 until 1998. Cleanup was conducted under the Voluntary Cleanup Program, culminating in a No Further Action determination documented in a 2010 Cleanup Action Report. 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 at this property — PAHs, MTBE, benzene, and gasoline-range hydrocarbons detected in groundwater — traces directly to underground storage tanks installed in 1964, more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The remediation costs incurred to address releases from those pre-1986 tanks and earn a No Further Action determination represent expenditures that historical carriers who wrote occurrence-based policies during the 1964–1986 operational window may still 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.