This property was developed as a retail gasoline service station in 1958, with four first-generation underground storage tanks — including 5,000-gallon, 4,000-gallon, and 3,000-gallon gasoline tanks and a 2,000-gallon stove oil tank — installed that same year. A 10,000-gallon UST was added in 1970, and all tanks were replaced in 1987. Site investigation under the Voluntary Cleanup Program identified benzene, lead, petroleum-gasoline, petroleum-diesel, and non-halogenated solvents in groundwater, and the site has since achieved No Further Action status. 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 1958 — nearly three decades 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 is directly traceable to those decades of pre-1986 tank operations. Historical carriers who issued CGL policies covering this station between 1958 and 1986 may be obligated to reimburse the remediation costs incurred to achieve the site's No Further Action determination.
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.