This property operated as a gasoline service station under multiple operators — including Texaco, Shell, Jacksons, and Eastmont Shell — with underground storage tanks predating 1986. Two waste oil and heat fuel tanks were removed in 1990, and Texaco removed three gasoline USTs totaling 30,000 gallons of capacity along with associated piping in 1993. Subsurface investigations beginning in 1990 identified benzene, MTBE, lead, petroleum hydrocarbons, and metals in groundwater, all of which have since been remediated below cleanup levels. The site received No Further Action status under Ecology's Standard 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 well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation — tank removals, subsurface investigation, and groundwater cleanup spanning from 1990 through final closure — represents expenditures tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the facility's early operational years 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.