This property operated as a service station from 1960 to 2005, with six underground storage tanks on site — four of which were abandoned tanks discovered during demolition of the facility. Gasoline-range petroleum hydrocarbons, benzene, lead, and non-halogenated solvents were detected in soil and groundwater beneath the property. The site was addressed through the Voluntary Cleanup Program and 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.
Fuel storage and dispensing operations at this site began in 1960, more than a quarter century before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The petroleum and solvent contamination found in soil and groundwater here originated from tanks and operations covered by those pre-1986 policies. Historical carriers who insured the station during its first 26 years of operation may still be obligated to recover the cleanup costs incurred to reach the site's No Further Action status.
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.