This property operated underground storage tanks containing leaded and unleaded gasoline since before 1978, with four bare-steel USTs installed without corrosion protection. The tanks were removed in March 1997, and a site assessment confirmed petroleum hydrocarbon contamination in groundwater — including gasoline and diesel range organics, BTEX compounds (benzene, toluene, ethylbenzene, xylenes), and total lead exceeding MTCA cleanup levels. Groundwater monitoring documented continued contamination from 2001 through 2008 under the Voluntary Cleanup Program, and 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.
Petroleum contamination at this property originated from underground storage tanks installed and operated before 1978, placing the onset of releases squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. More than a decade of documented groundwater contamination — gasoline, diesel, BTEX, and lead exceeding state cleanup levels — along with tank removal and long-term monitoring represent remediation expenditures tied directly to those pre-1978 operations. Historical carriers who issued CGL policies during the period these USTs were in service may still owe coverage for the cleanup costs incurred.
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.