This property operated as a service station from at least 1962, with fueling, automobile service, steam cleaning, and vehicle washing operations predating the station's formal establishment. Three underground storage tanks containing heating oil, waste oil, and gasoline were in use from 1962 through 1990. Groundwater investigations identified multiple contaminants — including arsenic, lead, benzene, and petroleum hydrocarbons — at concentrations exceeding MTCA cleanup levels. The site entered the Voluntary Cleanup Program and 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.
Petroleum and metals contamination at this station originated from underground storage tanks and service operations that began in 1962 — twenty-four years before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented groundwater impacts, spanning multiple contaminant classes and requiring investigation and cleanup under the VCP, represent remediation expenditures tied directly to that pre-1986 operational window. Historical carriers who wrote occurrence-based CGL coverage for this station during the 1962–1986 period may still be obligated to recover those costs.
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.