This property operated as a gasoline service station with five underground storage tanks — three gasoline, one heating oil, and one waste oil — along with associated product piping. Environmental investigations began in June 1989 with soil borings converted to monitoring wells, and all five USTs and piping were removed in January 1993 during facility upgrading. Petroleum contamination was identified in groundwater, with metals priority pollutants and additional petroleum products found in soil, and the site completed remediation under the Voluntary Cleanup Program with 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 underground storage tanks removed from this property in 1993 were consistent with installations dating to the 1960s or 1970s — decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The petroleum contamination found in groundwater here traces back to those pre-1986 fueling operations, and the investigation and remediation costs incurred from 1989 through final site closure represent expenditures that historical CGL carriers may be obligated to reimburse.
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.