Underground storage tanks at the former Maxwelton Grocery on this property released gasoline and BTEX into soil and groundwater, with a release notification filed in October 1991. The site entered cleanup under Washington's LUST program and underwent remediation over the following two decades before receiving a No Further Action determination in December 2011. Both soil and groundwater were confirmed affected by petroleum hydrocarbons including benzene. 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 responsible for contamination at this property were in service well before the 1991 release notification, placing their installation and operational period squarely in the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Gasoline and BTEX contamination affecting both soil and groundwater required a remediation effort spanning twenty years — costs that historical carriers who provided coverage during the tanks' operational window may still be obligated to fund. The 2011 No Further Action determination confirms that those cleanup expenditures were real, documented, and complete.
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.