This property operated as a service station with six steel underground storage tanks storing gasoline, heating oil, used oil, and marine fuel — tanks whose steel construction and 1989 removal date indicate likely installation before 1964. The tanks were removed in April 1989, and the service station building and pump islands were demolished in May 1990. Groundwater monitoring conducted from 1989 through 2016 confirmed BTEX and total petroleum hydrocarbon contamination exceeding MTCA Method A cleanup standards across multiple sampling events. The site received a No Further Action determination through the Voluntary Cleanup Program. 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.
Petroleum contamination at this property — benzene, diesel-range, gasoline-range, and other petroleum hydrocarbons in groundwater — originated from steel underground storage tanks that were in service decades before 1986. Occurrence-based CGL policies in effect during that pre-1986 operational window carried no effective pollution exclusion under Washington law. The documented remediation expenditures — tank removal, building demolition, soil investigation, and over twenty-five years of groundwater monitoring — represent cleanup costs that historical carriers who insured those operations may still be obligated to cover.
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.