This property operated as a Texaco service and gasoline station with five steel underground storage tanks. A Site Characterization Report was completed in April 1994, and all five USTs were removed in May 1997. The site entered the Voluntary Cleanup Program, and following an engineering report and additional investigation, Ecology issued a No Further Action determination in May 2000. Petroleum contamination was identified in groundwater during the course of investigation and remediation. 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 steel underground storage tanks at this former Texaco station are characteristic of pre-1986 installations, with the standard 25-year tank lifecycle placing their installation around 1972 or earlier. Occurrence-based CGL policies issued to the operators during that window would have covered pollution claims without the absolute exclusion introduced in later policy forms. The documented remediation expenditures — site characterization, removal of five USTs, engineering investigation, and regulatory compliance through the Voluntary Cleanup Program — represent costs that historical carriers from that pre-1986 era may 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.
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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.