This property operated as an Exxon gasoline station (Station 7-7134) before being sold to BP Oil Company in September 1991 and redeveloped as a BP service station. An investigation in October 1991 identified existing groundwater contamination, with TPH-gasoline, TPH-diesel, TPH-heavy oil, and benzene detected at concentrations exceeding MTCA Method A cleanup levels across multiple monitoring wells. Underground storage tanks were removed between 1995 and 1998 under the Voluntary Cleanup Program, and the site has since received 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 groundwater contamination at this property was already present when the first investigation occurred in 1991, confirming that the petroleum releases originated during earlier decades of gasoline station operations — well before the 1986 shift to claims-made CGL policies with absolute pollution exclusions. The remediation expenditures incurred to bring this site to No Further Action status — tank removals, site investigation, and groundwater monitoring — are the type of cleanup costs that occurrence-based CGL policies issued during the pre-1986 operational period were designed to cover. Historical carriers who insured this station's operators during those years may still bear obligations for those documented 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.