This property operated as a retail gasoline and service station — originally a Texaco station with service bays — with underground storage tanks that were upgraded in 1987 when new double-walled fiberglass USTs replaced the prior tank system. Cleanup under the Voluntary Cleanup Program included excavation and removal of two USTs, two hydraulic hoists, dispenser islands, associated piping, and demolition of the station building, along with off-site thermal desorption treatment of approximately 77 cubic yards of contaminated soil. An enhanced bioremediation program addressed groundwater contamination, supplemented by groundwater purging totaling 116 gallons. The site has 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.
The 1987 tank replacement at this property was a station upgrade at an already-operating service station, placing the origin of fueling operations before 1986 — within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Petroleum hydrocarbons, benzene, and MTBE found in groundwater trace back to releases from those legacy operations, and the full scope of documented remediation — UST removals, soil excavation, thermal treatment, bioremediation, groundwater purging — represents cleanup expenditures that historical CGL carriers 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.