This property has operated as a retail gasoline service station since at least 1964, serving under successive fuel brands including Mobil Oil Corporation, British Petroleum (BP), ConocoPhillips, and currently Circle K. A subsurface investigation in 1993 and soil contamination discovered during a 1994 Stage II vapor recovery installation confirmed petroleum releases from the site's four 10,000-gallon underground storage tanks. Groundwater monitoring documented TPH-G concentrations exceeding MTCA Method A cleanup levels in monitoring well MW-6 (1,160 µg/L in July 2000) and separate-phase hydrocarbons (LNAPL) in wells MW-1 and MW-6 in April 2004. The site completed cleanup under 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.
Gasoline service operations at this property began more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination documented in soil and groundwater — TPH-G and free-product LNAPL — is consistent with the type of gradual release from underground storage infrastructure that those pre-1986 policies were written to cover. Historical carriers who insured the station's operators from 1964 onward through the occurrence-based era may still be obligated to recover the remediation costs incurred across decades of investigation, monitoring, and cleanup.
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.