A retail gasoline station was installed at this property between 1970 and 1975, with three underground storage tanks — an 8,000-gallon diesel tank and a 12,000-gallon regular gasoline tank installed in 1970, followed by a 6,000-gallon premium gasoline tank in 1974. The station originally operated from a mobile home on the property until a modular building replaced it in 1977. The tanks were decommissioned by 2005, and the site entered Washington's Voluntary Cleanup Program; petroleum hydrocarbons, benzene, and metals were identified in groundwater. The site has since 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.
The gasoline station's underground storage tanks were installed in 1970 and 1974 — more than a decade before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion. Petroleum and benzene contamination detected in groundwater at this site is characteristic of the slow, cumulative releases those pre-1986 policies were designed to cover. The full arc of remediation expenditures — tank decommissioning, investigation, and cleanup through the Voluntary Cleanup Program — represents costs that historical carriers who issued CGL policies during the 1970s and early 1980s 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.
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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.