This property was first developed as a gas station in 1947 and operated continuously in that capacity until 1988, when the Southland Corporation demolished the on-site buildings and removed four underground storage tanks. Petroleum hydrocarbons — including TPH-gasoline, TPH-diesel, TPH-other, and benzene — were identified in groundwater beneath the property, and remediation was carried out through the Voluntary Cleanup Program. The site 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.
Gasoline dispensing operations at this property ran for over four decades, beginning 39 years before the 1986 threshold when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The petroleum hydrocarbons and benzene documented in groundwater trace directly to those pre-1986 fueling operations and underground storage tanks. Historical carriers who covered the property during the 1947-to-1986 operational window may be obligated to recover the remediation costs incurred to bring the site to its current No Further Action status.
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.