This property has operated continuously as an ARCO fuel station, with three 12,000-gallon single-wall steel underground storage tanks installed on September 1, 1984. The tanks were removed in November 2004, and monitoring wells were installed by SEACOR in 2001 to assess petroleum impacts to groundwater. The site entered the Voluntary Cleanup Program, and petroleum hydrocarbons — diesel, gasoline, and other petroleum compounds — were confirmed in groundwater at qualifying levels before the site received a No Further Action determination following the 2011 Site Closure Report. 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.
The underground storage tanks at this station were installed in 1984, squarely within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Petroleum releases from those single-wall steel tanks contaminated groundwater with diesel, gasoline, and other petroleum hydrocarbons — the type of gradual, below-grade release those pre-1986 policies were designed to cover. The documented remediation expenditures — tank removal, monitoring well installation, and years of groundwater monitoring through final closure — represent costs that historical carriers who issued CGL policies during the 1984 operational period may still 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.
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.