This property operated as a Chevron fueling station equipped with first-generation underground storage tanks — three gasoline, one diesel, one heating oil, and one waste oil — along with three pump islands and distribution lines. An initial subsurface investigation by EMCON in February 1991 identified existing contamination, and the first-generation USTs were decommissioned and removed in February and April 1991, with three gasoline tanks replaced by new units. Multiple contaminants including petroleum hydrocarbons, PAHs, and non-halogenated solvents were detected in groundwater during remediation under the Voluntary Cleanup Program, and the site received a No Further Action determination in 2024. 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 first-generation USTs at this fueling station were removed in 1991 after contamination was already present in the subsurface, placing the origin of petroleum and solvent releases squarely within the era when occurrence-based CGL policies carried no effective pollution exclusion. The groundwater contamination documented here — petroleum-diesel, petroleum-gasoline, PAHs, and non-halogenated solvents — and the remediation pathway spanning from the 1991 investigation through the 2024 No Further Action determination represent cleanup expenditures that historical carriers who insured this facility during its pre-1986 operating years may be obligated to reimburse.
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.