This property was originally developed as an auto repair facility in approximately 1964, with a 1,000-gallon heating oil underground storage tank installed that same year. Texaco Refining and Marketing Inc. acquired the service station in approximately 1986 and redeveloped it as a retail gasoline station. Cleanup was conducted under the Voluntary Cleanup Program, addressing contamination in soil and groundwater, and the site has reached No Further Action status. 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 contamination at this property — metals, petroleum products, and non-halogenated solvents confirmed in groundwater — traces to auto repair and fueling operations that began in 1964, more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. Historical carriers who covered the facility during that 1964–1986 operational window may be obligated to reimburse the remediation costs incurred to bring this site through the Voluntary Cleanup Program to No Further Action.
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.