This property operated as a fuel station and mini mart on Highway 2 in Peshastin, with single-walled steel underground storage tanks installed in August 1986 as replacements for a prior fueling system. The USTs were removed under a closure completed in October 2006, and petroleum-diesel contamination was identified in groundwater at the site. The property was addressed through Washington's Voluntary Cleanup Program and has 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.
Fueling operations at this property predate the 1986 tank installation — the site's own assessment record describes that system as the "current" one, indicating an earlier generation of tanks was already in service. Petroleum contamination in groundwater tied to those pre-1986 operations falls within the coverage window of occurrence-based CGL policies, which carried no effective pollution exclusion in Washington before that year. The documented remediation expenditures required to reach No Further Action — site investigation, tank removal, groundwater assessment — are costs that historical carriers who issued policies during the earlier 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.