The property at 2112–2122 Jefferson Avenue has been in commercial use since at least 1930, when Ostby's Used Cars began operating at the site. Harmon's Gasoline Station was constructed at 2112 Jefferson Avenue circa 1945 and operated as a motor vehicle service facility until 2000. Six underground storage tanks were removed in two phases — four in February 1995 and two additional tanks (500-gallon and 1,800-gallon) in August 2002. The site completed cleanup under 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.
Gasoline storage and motor vehicle service operations at this property began circa 1945 — more than four decades before the 1986 cutoff after which CGL policies began routinely excluding pollution claims. The petroleum hydrocarbons and solvents detected in groundwater here trace to underground storage tanks that were installed and operated throughout that pre-1986 window. Historical carriers who issued occurrence-based CGL policies to the operators during those decades may still hold obligations tied to the cleanup costs incurred to address these releases.
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.