This property has operated as a gas station and auto repair facility since the late 1960s, with four underground storage tanks installed approximately 1967. Those original USTs were removed in December 1997 and replaced with new tanks in 1998. Petroleum contamination from the former tanks reached groundwater, with BTEX compounds exceeding MTCA Method A cleanup levels and a defined groundwater plume beneath the site. Indoor air sampling also identified TPH and benzene at concentrations exceeding MTCA Method B cleanup levels, confirming a vapor intrusion pathway. 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 approximately 1967 — nearly two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The contamination migrated into groundwater and indoor air, generating investigation, tank removal, and monitoring costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the 1967–1986 operational window may still hold obligations to cover the documented remediation expenditures at this site.
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.