This property has been in continuous commercial and automotive use since the 1940s, operating successively as a Chevrolet dealership with service and repair, a Texaco gasoline station, an ARCO gasoline station, and the P & K Auto service facility. Two underground storage tanks predating the late 1970s ARCO station construction were filled with water and abandoned in place. Groundwater beneath the site was found to be contaminated with benzene, ethyl benzene, toluene, xylene, naphthalene, lead, and lube oil at concentrations exceeding MTCA Method A cleanup levels. The site entered the Voluntary Cleanup Program and 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.
Petroleum contamination at this property traces to gasoline station and automotive service operations that began in the 1940s — more than four decades before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion. The underground storage tanks installed and operated during that era are the documented source of the petroleum hydrocarbons now found in groundwater. Historical carriers who issued CGL policies to the Chevrolet dealership, Texaco station, or ARCO station during their respective operating periods may be obligated to recover the remediation costs incurred to bring this 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.