This property was developed as a gasoline service station prior to 1956 and operated continuously until decommissioning in 1987. Nine underground storage tanks were present on site; seven were removed during decommissioning in 1987, and two additional tanks — one heating oil, one waste oil — were discovered and removed in 1999. Petroleum hydrocarbons and non-halogenated solvents have been identified in groundwater beneath the property. Cleanup was conducted under the Voluntary Cleanup Program, and 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.
Gasoline service station operations at this property began more than three decades before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The petroleum and solvent contamination detected in groundwater here traces directly to decades of fueling operations and underground storage tanks that predate the insurance industry's shift away from occurrence-based coverage. Historical carriers who insured this station during its pre-1956-through-1986 operational window may bear obligations for the remediation expenditures incurred across multiple rounds of tank removal and site 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.