This property operated as a service station with aboveground and belowground fueling systems since at least 1960. Six underground storage tanks were decommissioned in 1990 and replaced with three double-walled fiberglass tanks, which were themselves removed in October 2012. Groundwater investigations under the Voluntary Cleanup Program identified benzene and petroleum hydrocarbons, and the site has since received a No Further Action determination from Ecology. 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.
Fueling operations at this site began at least 26 years before 1986, the year occurrence-based Commercial General Liability policies were replaced by claims-made forms with absolute pollution exclusions. The petroleum contamination detected in groundwater — benzene, diesel-range hydrocarbons, and other petroleum compounds — traces directly to decades of underground storage tank operations during that pre-1986 window. Historical carriers who issued CGL policies while those tanks were in service may still be obligated to recover the investigation and remediation costs incurred to bring the site to its current No Further Action status.
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.