This property operated as a retail fueling facility from approximately 1964 through 2010, with five 10,000-gallon single-wall steel underground storage tanks containing gasoline and diesel fuel installed in 1964. 7-Eleven assumed operations in 1979. The first-generation tanks were decommissioned and the UST system replaced in May 1990. Twelve groundwater monitoring wells were installed with quarterly monitoring that confirmed petroleum hydrocarbons (TPH-G, TPH-D, TPH-O), BTEX compounds, and polycyclic aromatic hydrocarbons in groundwater; the site has since achieved No Further Action status under the Voluntary 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 property originated from five single-wall steel underground storage tanks installed in 1964 — more than two decades before occurrence-based Commercial General Liability policies began excluding pollution claims. Operators from 1964 through 1986, including 7-Eleven from 1979 onward, carried CGL policies during a window when those policies provided broad coverage for exactly this type of gradual subsurface release. The documented groundwater contamination by BTEX, PAHs, and petroleum hydrocarbons, and the remediation and long-term monitoring costs incurred to reach No Further Action status, represent expenditures that historical carriers may still be obligated to cover.
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.