This service station was constructed in 1960, with original steel underground storage tanks dispensing petroleum products for over two decades before being replaced by two 12,000-gallon fiberglass tanks in 1982. Investigations documented significant groundwater contamination — benzene concentrations of 12,200 and 11,200 parts per billion in monitoring wells — along with non-halogenated solvents, polycyclic aromatic hydrocarbons, and petroleum-gasoline, with soil, groundwater, and air pathways all impacted. The site received a No Further Action determination following cleanup under the Standard Cleanup program. 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 station originated from underground storage tanks installed and operated beginning in 1960, more than two decades before occurrence-based Commercial General Liability policies ceased covering pollution claims. The documented releases of benzene, PAHs, and petroleum hydrocarbons across soil, groundwater, and air pathways represent the type of gradual, long-duration contamination that pre-1986 CGL policies were written to cover. Historical carriers who provided coverage during the station's 1960-through-1986 operational window may still bear obligation for the remediation costs incurred to bring this site to No Further Action status.
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.