This Seattle property transitioned from residential use in 1916 to a succession of commercial operations — feed store, utility garage, gasoline service station, gear works, warehouses, produce supply, and restaurants — spanning a century of activity. At least three underground fuel storage tanks served gasoline operations on the property, and a total of 12 USTs containing gasoline, diesel, heating oil, and waste oil were removed in 2017. Site investigations dating from 1988 confirmed that perched groundwater was contaminated with petroleum hydrocarbons (TPH-O), ethylbenzene, xylenes, and arsenic above MTCA Method A cleanup levels. Groundwater was remediated and the site received No Further Action status under the Voluntary Cleanup Program in 2021. 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 and metals contamination at this property traces to gasoline service station operations and related commercial uses that were well established before 1986, when occurrence-based CGL policies still carried no effective pollution exclusion in Washington. Three decades of documented investigation and remediation activity — from the first site assessments in 1988 through the removal of 12 underground storage tanks and groundwater cleanup culminating in the 2021 NFA — represent substantial expenditures tied directly to those pre-1986 operations. Historical carriers who insured the property during that commercial operating period may be obligated to recover those documented 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.