This property operated as a retail gasoline station from 1975 through 2001, housed in a building dating to 1965. The underground storage tank system was removed in 2002, and remediation followed under the Voluntary Cleanup Program — including air sparging and soil vapor extraction from 2003 through 2008 to address petroleum contamination in groundwater. The site has received a No Further Action determination from Washington Department of Ecology. 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 dispensing operations at this station began in 1975, more than a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions in 1986. The petroleum and benzene contamination found in groundwater here traces directly to those pre-1986 fueling operations, and the remediation costs incurred — tank removal, six years of air sparging and vapor extraction — are the type of documented cleanup expenditures that historical CGL carriers may be obligated to cover.
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.