This property was commercially developed starting in 1970, with construction of a strip center — home to the Poulsbo Junction Grocery — beginning in 1972. Gasoline dispensing operations were added to the site in 1988, along with three single-walled steel underground storage tanks of 6,000, 8,000, and 10,000 gallons. Petroleum contamination including benzene and gasoline-range hydrocarbons was subsequently identified in groundwater, soil, vapor, and potentially surface water. The site was remediated under the Voluntary Cleanup Program and 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 commercial strip center at this property has been continuously operated since 1970, placing more than fifteen years of its operational history within the pre-1986 window when occurrence-based CGL policies were standard. The gasoline dispensing operations and USTs that are the direct source of the petroleum contamination were not installed until 1988, which means the insurance recovery question turns on whether the earlier CGL policies covering the property's commercial operations extend to contamination from facilities added after the policy period. The documented remediation costs — investigation, cleanup, and monitoring sufficient to achieve No Further Action — make that question worth pursuing with the historical carriers who insured this Poulsbo strip center during its first two decades of commercial use.
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.