This property has operated as a gasoline service station since at least 1964, when five underground storage tanks were installed. The legacy USTs were decommissioned and replaced with four 12,000-gallon tanks in 1988. Benzene was subsequently detected above MTCA Method A cleanup levels in two groundwater monitoring wells, and groundwater remediation was performed through Oxygen-Releasing Compound (ORC) injection. 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.
Petroleum operations at this station began in 1964 — more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The benzene contamination found in groundwater is directly traceable to those decades of pre-1986 fueling operations, and the remediation costs incurred to address it — including ORC injection to restore groundwater quality — represent expenditures that historical carriers who covered this station during its early operational years may still be obligated to recover.
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.