This property served as a Washington Department of Natural Resources field station with on-site fueling operations, housing at least two single-wall bare-steel underground storage tanks — including a 2,000-gallon tank that last stored leaded gasoline. Both tanks, constructed with asphaltic protective coatings typical of 1950s–1970s manufacturing, were already out of service when they were permanently removed in March 1991. Groundwater beneath the site was found to be contaminated with benzene, petroleum-diesel, petroleum-gasoline, and other petroleum compounds; all four contaminant classes have since been remediated to below cleanup levels, and the site carries a No Further Action designation. 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 leaded gasoline stored in the underground tanks at this facility was phased out by EPA regulation in 1986 and banned outright by 1988, establishing that fueling operations here were active well before the insurance-industry shift away from occurrence-based CGL coverage. The petroleum contamination in groundwater — benzene, diesel, gasoline, and related compounds — is the kind of gradual release traceable to decades of pre-1986 tank operations. Historical carriers who provided CGL coverage during that operational window may still bear obligation for the remediation expenditures incurred to bring this 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.