This property has operated as a gasoline service station since at least 1974, when underground storage tanks were installed and Gerald Laffoon purchased the site from Pioneer Investment Company. The facility was converted to a self-serve gasoline and grocery operation around 1975 and served as a convenience store and gas station for decades. Petroleum contamination — gasoline constituents including benzene — was identified in groundwater, and remediation was carried out under the Voluntary Cleanup Program, culminating in a No Further Action determination in 2020. 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 underground storage tanks at this property were installed in 1974, more than a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The petroleum and benzene contamination found in groundwater here originated from those pre-1986 fueling operations, and the remediation costs incurred through the Voluntary Cleanup Program are the type of expenditure those historical policies were designed to cover. Carriers who issued CGL policies during the 1974-and-forward operational window may still be obligated to reimburse cleanup costs tied to this release.
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.