This property has operated as a commercial fueling station since 1981, when three 10,000-gallon single-wall steel underground storage tanks were installed. The original tanks remained in service until September 2012, when they were replaced. Site investigations documented groundwater contamination — including benzene, toluene, ethylbenzene, xylene, gasoline, and lead exceeding MTCA Method A Cleanup Levels — with groundwater encountered at approximately three feet below ground surface. The site has 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 property originated from underground storage tanks installed in 1981, five years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Over three decades of fueling operations on single-wall steel tanks created the groundwater contamination documented here — benzene, lead, and other petroleum constituents at levels exceeding state cleanup standards. The remediation expenditures incurred to reach the site's No Further Action status may be recoverable from historical carriers whose CGL policies were in force during the 1981–1986 window.
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.