This property operated as an Exxon gasoline station with six underground storage tanks. All USTs and pump islands were removed from the site prior to April 1988. Petroleum and lead contamination from UST releases was identified in groundwater, prompting soil vapor extraction remediation and groundwater monitoring that continued from 1988 through 2018. The site received a No Further Action determination under the Voluntary Cleanup Program in August 2013, and a Periodic Review confirmed site conditions in March 2019. 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 underground storage tanks at this Exxon station were removed before 1988, placing their installation and years of active fuel dispensing squarely in the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Three decades of documented remediation — soil vapor extraction, groundwater monitoring from 1988 to 2018 — were required to address petroleum and lead contamination originating from those pre-1986 operations. Historical carriers who issued CGL policies during the decades the tanks were in service may still be obligated to recover those cleanup 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.