This property operated as a gasoline service station — originally the Conoco Service Station, later Fairco — with three underground storage tanks dispensing gasoline that were likely installed around 1980 or earlier. A UST leak was reported to Ecology on March 28, 1991, and groundwater monitoring conducted from 1995 through 2012 documented petroleum contamination with BTEX compounds exceeding MTCA Method A cleanup levels. All three USTs were removed in 2005, remediation was completed by 2012, and the site achieved No Further Action status under the Voluntary Cleanup Program. 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 petroleum contamination at this site originated from underground storage tanks installed and operated years before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. More than two decades of documented remediation activity — leak response, groundwater monitoring from 1995 through 2012, and UST removal — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the years these tanks were in service may still be obligated to recover those cleanup costs.
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.