This property operated as a gasoline service station since 1965, formerly branded as Exxon Station 72454. Five underground storage tanks were removed in 1986–1987, and subsequent groundwater monitoring confirmed petroleum hydrocarbons (TPH, BTEX), total lead, and other metals exceeding MTCA Method A cleanup levels in multiple monitoring wells. The site entered the Voluntary Cleanup Program and has since 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.
Petroleum contamination at this site originated from underground storage tanks that were installed and operated for more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation — UST removals, site investigation, groundwater monitoring, and the work required to achieve a No Further Action determination — represents cleanup expenditures tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the 1965-to-1986 operating window may still be obligated to cover 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.