This property includes structures dating to 1929 and 1948 that were historically used as an auto sales lot with indoor automotive maintenance areas, and a gas station also operated on site. Three underground storage tanks — a 1,000-gallon gasoline tank, an 1,800-gallon heating oil tank, and an 800-gallon waste oil tank — were closed in place in 2004. Groundwater investigation identified benzene, petroleum-diesel, and petroleum-gasoline contamination, and the site completed the Voluntary Cleanup Program with 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.
Automotive and gasoline operations at this property date to at least 1929, placing more than five decades of commercial petroleum handling squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. The benzene and petroleum hydrocarbon contamination detected in groundwater here traces directly to those long-running operations and the underground storage tanks that served them. Historical carriers who issued policies during that operational window may bear obligation for the investigation and remediation costs incurred to bring this site to closure.
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.