This property transitioned from residential use to a repair service garage by 1968, when the current station building was constructed. Underground storage infrastructure accumulated over the following decades — a waste oil UST installed by 1973 and three 12,000-gallon gasoline USTs in 1984 — alongside a 280-gallon heating oil tank dating to 1964 and a 600-gallon waste-oil tank, both removed in 1991. Petroleum contamination including benzene was identified in groundwater, and the site completed remediation under Washington's Voluntary Cleanup Program, receiving a No Further Action determination in 2019. 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.
Fuel storage and vehicle-service operations at this property spanned from 1968 through the mid-1980s and beyond, placing the origin of petroleum releases squarely within the era of occurrence-based Commercial General Liability coverage. The groundwater contamination — benzene and petroleum hydrocarbons — traces to underground storage tanks installed in 1973 and 1984, years when CGL policies carried no effective pollution exclusion. Historical carriers who covered this facility during that window may be obligated to reimburse the cleanup expenditures incurred to reach the site's 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.