This property operated as a gasoline station with five steel underground storage tanks — three for gasoline, one for heating oil, and one for waste oil. Environmental investigations began at the site in 1988 and 1989, and all five first-generation USTs were removed in 1991. Cleanup was conducted under the Voluntary Cleanup Program, and the site received a No Further Action determination from Washington Department of Ecology in December 2013. 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 removed from this property in 1991 were the original installations at a long-established petroleum facility, placing the onset of fuel storage and dispensing operations well before 1986. Lead and petroleum contamination documented in groundwater beneath the site traces directly to those decades of pre-1986 operations. Occurrence-based CGL policies issued to the operators during that era carried no effective pollution exclusion, and the historical carriers may remain obligated to cover the investigation and remediation costs incurred over twenty-five years of cleanup.
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.