This property features a 1940s-vintage two-story market and residence building alongside a 1970s-era fueling canopy and pump system, with four underground storage tanks that supported retail petroleum sales. The USTs were removed in two phases — two in 1992 and two more in 1993 — and subsequent investigation confirmed gasoline contamination in both soil and groundwater near the former pump island. Groundwater monitoring wells were installed, and the site completed the Voluntary Cleanup Program with a No Further Action determination in July 2016 and an environmental covenant recorded against the property. 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 fueling operations at this property date to the 1970s, more than a decade before the 1986 shift away from occurrence-based Commercial General Liability coverage. The gasoline contamination discovered in soil and groundwater here traces directly to underground storage tanks installed and operated throughout that pre-1986 window. Investigation, UST removal, groundwater monitoring, and the environmental covenant now encumbering the property all represent costs and liabilities that historical CGL carriers — whose policies were in force when the contamination originated — may be obligated to address.
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.