This property operated as a Unocal-branded gasoline station and car wash in Enumclaw. Petroleum hydrocarbon contamination from underground storage tanks was identified in soil, groundwater, and surface water at the site, with the property owned or operated by Mike Goodfellow and Unigard Insurance Company. Cleanup was conducted under Ecology's Voluntary Cleanup Program, and a No Further Action determination was issued in 1998. 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 petroleum contamination here originated from underground storage tanks associated with Unocal's retail fueling network, which was predominantly established during the 1960s through 1980s — well within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion in Washington. The remediation expenditures incurred to address UST releases in soil, groundwater, and surface water and achieve the 1998 No Further Action determination are the type of cleanup costs those pre-1986 policies were written to cover. Historical carriers who insured the operators during the period of tank installation and use may still be obligated to reimburse those costs.
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.