This property operated as a gasoline service station and automobile repair shop from the mid-1960s until the late 1990s. Underground storage tanks supported fuel retail operations from the mid-1960s until their removal in 1990, as documented in the UST Removal Report and confirmed by a 2006 Voluntary Cleanup Program opinion letter from Ecology. Petroleum contamination — benzene, diesel-range, gasoline-range, and other petroleum hydrocarbons — was identified in groundwater at the site. The site has since received a No Further Action determination under the VCP. 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 at this property began roughly two decades before 1986, the year occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in Washington. The petroleum releases that contaminated groundwater here originated from underground storage tanks installed and operated during that pre-1986 window. Investigation, tank removal, and cleanup costs incurred to address benzene and petroleum hydrocarbon contamination in groundwater represent expenditures that historical CGL carriers — those who wrote policies while the tanks were in active service — 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.
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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.