This property has been in continuous commercial use since at least 1936, initially for agricultural purposes before warehouse buildings were constructed in 1966. Three underground storage tanks with gasoline dispensers operated on-site until their decommissioning in January 1989. Groundwater contamination — including benzene, xylenes, and gasoline-range hydrocarbons exceeding MTCA Method A cleanup levels — was confirmed in multiple monitoring wells, prompting a remedial investigation, feasibility study, and remedial action under the Voluntary Cleanup Program. The site has since received a No Further Action determination and currently operates as a building materials warehouse and lumber yard. 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.
Petroleum storage and dispensing at this property began no later than 1966, placing more than two decades of fuel-handling operations squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The benzene and gasoline-range hydrocarbon contamination confirmed in groundwater here is directly attributable to those pre-1986 fueling operations. The remediation expenditures required to bring this site through investigation, cleanup, and ultimately to No Further Action status represent costs that historical CGL carriers on the risk during that 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.