This property began operations as a gasoline service station in 1965, originally equipped with three gasoline underground storage tanks, one heating oil UST, and one waste oil UST. The first-generation tanks were decommissioned and replaced in 1989. Remedial investigation by Arcadis confirmed petroleum and solvent contamination in groundwater, and the site completed cleanup under the Voluntary Cleanup Program, receiving a No Further Action determination in September 2024. 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.
Fuel storage and dispensing operations at this site began in 1965 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The groundwater contamination documented here — benzene, petroleum hydrocarbons, and non-halogenated solvents — traces to underground storage tanks that were in continuous service throughout that pre-1986 policy window. Historical carriers who covered the station's operations during those years may be obligated to reimburse the remediation expenditures incurred to reach the site's 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.