This property operated as a gasoline service station beginning in 1964, selling gasoline, diesel, and other petroleum products while performing automotive service work. Three underground storage tanks were in use from 1964 until their closure in 1991, when two replacement USTs were installed. Petroleum hydrocarbon contamination was identified in groundwater and addressed through the Voluntary Cleanup Program; natural attenuation remediated the affected groundwater by 2011/2012, and the site has received a No Further Action determination from 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.
Petroleum contamination at this station originated from underground storage tanks installed and operated beginning in 1964 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The groundwater remediation required to address releases from those pre-1986 fueling operations represents cleanup expenditures that historical CGL carriers who covered the station during its 1964–1986 operational window 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.