This property operated as a branded gasoline station associated with Exxon and Union 76, with underground storage tank operations that resulted in petroleum and gasoline contamination affecting groundwater. Five contaminants were identified in groundwater — petroleum products, non-halogenated solvents, lead, benzene, and gasoline — and remediation was carried out under the Voluntary Cleanup Program. The Washington Department of Ecology issued a No Further Action determination in 2008, closing the site's cleanup obligations. 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 petroleum and gasoline contamination at this site originated from underground storage tank operations at a branded gas station predating 1986, when occurrence-based Commercial General Liability policies were the industry standard. Groundwater contamination involving benzene, lead, and petroleum hydrocarbons — the kind of gradual release those policies were written to cover — required remediation through the Voluntary Cleanup Program and generated documented cleanup expenditures. Historical carriers who issued CGL policies during the station's pre-1986 operational 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.