This property operated as a retail gasoline service station from 1977 until its closure in 1992. In 1984, the facility was identified as the source of gasoline contamination found in a stormwater drainage system, leading to a Remedial Agreed Order issued by Ecology in 1991. Investigations confirmed petroleum contamination across multiple pathways — groundwater, surface water including a nearby creek and storm drains, and gasoline vapors reported by neighboring residents. The site has since achieved No Further Action status. 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 operations at this station began in 1977, nine years before the 1986 shift away from occurrence-based Commercial General Liability policies that lacked effective pollution exclusions. The 1984 release — discovered migrating through the stormwater system into groundwater, surface water, and the surrounding air — occurred squarely within that pre-1986 coverage window. Historical carriers who issued CGL policies to the station's operators during those years may still be obligated to recover the remediation costs incurred to address contamination that originated on their watch.
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.