This property formerly operated as a Mobil-branded gasoline service station with three 2,000-gallon underground storage tanks owned by ExxonMobil. The fueling facilities were decommissioned between 1988 and 1990, with USTs closed in place and subsequently removed. Subsurface investigations confirmed petroleum contamination in groundwater — benzene, petroleum hydrocarbons (diesel and gasoline), and non-halogenated solvents — all of which have been remediated to below cleanup levels under the Voluntary Cleanup Program, and the site 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.
The Mobil-branded station at this property was operating before 1986, during the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The petroleum contamination discovered in groundwater — benzene, diesel, gasoline, and solvent compounds — originated from underground storage infrastructure installed and operated under those pre-1986 policies. The remediation costs incurred to bring all five contaminant classes below cleanup standards represent expenditures that historical CGL carriers who covered this station during its pre-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.