Dave's Pit Stop operated as a gasoline service station beginning in 1952, when two 10,000-gallon gasoline underground storage tanks were installed at the property. Two additional 10,000-gallon heating oil USTs were installed at a later date, and all four tanks were removed in April 2000. Groundwater investigations identified petroleum hydrocarbons and non-halogenated organic solvents beneath the site; the property has since received a No Further Action determination under Washington's 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.
Gasoline storage and dispensing operations at this property began in 1952 — thirty-four years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The petroleum and solvent contamination found in groundwater here traces directly to decades of UST operations covered by those pre-1986 policies. The investigation, tank removal, and remediation costs already incurred to reach No Further Action status represent expenditures that historical carriers who insured this service station during its pre-1986 operating years 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.