This property has operated as a gasoline service station since 1966, when the original facility was constructed and two 10,000-gallon underground storage tanks were installed. Those USTs were removed in 1986 and replaced with four tanks ranging from 8,000 to 12,000 gallons; a 1992 Site Assessment Report identifies the property as Texaco Facility 63-232-1498. Petroleum releases from historical operations impacted groundwater with TPH-gasoline, TPH-diesel, BTEX, and methyl tertiary-butyl ether (MTBE), prompting remediation under Washington's Voluntary Cleanup Program that culminated in 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.
The original underground storage tanks at this station were installed in 1966 and operated continuously for twenty years before their removal in 1986 — a timeline that falls entirely within the era of occurrence-based Commercial General Liability policies carrying no effective pollution exclusion. The petroleum contamination detected in groundwater here is directly attributable to those two decades of pre-1986 tank operations. Remediation costs incurred to bring the site from an active petroleum release through the Voluntary Cleanup Program to a No Further Action determination represent expenditures that historical CGL carriers who covered the facility during its 1966–1986 operational window 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.