This property operated as a gasoline station from the 1950s through 1992, with five underground storage tanks — four gasoline tanks and one used motor oil tank — totaling over 12,000 gallons of capacity. The USTs were removed in December 2002, and petroleum hydrocarbons were confirmed in both soil and groundwater at the site. Three monitoring wells were installed in 2007, with groundwater sampling conducted from 2007 through 2014 under the Voluntary Cleanup Program, culminating in a No Further Action determination in 2015. 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 storage and dispensing operations at this site began more than three 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 here traces directly to those pre-1986 UST operations. Remediation expenditures spanning tank removal, monitoring-well installation, and seven years of groundwater sampling represent costs that historical carriers who issued CGL policies during the 1950s-through-1986 operational window may be obligated to recover.
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.