Three 12,000-gallon single-wall fiberglass underground storage tanks containing leaded and unleaded gasoline were installed at this property in 1964, and 7-Eleven operated a convenience store and retail gasoline system here from 1968 until the tanks were decommissioned and removed in March 1991. Petroleum contamination was identified in groundwater, and the site was enrolled in the Voluntary Cleanup Program; a Remedial Investigation and Interim Action Report was completed in April 2014. The site has since received a No Further Action determination. 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.
Underground gasoline storage at this property began in 1964 — more than two decades before 1986, when occurrence-based Commercial General Liability policies were still issued without effective pollution exclusions. The petroleum release that contaminated groundwater here originated from tanks installed and operated entirely within that pre-1986 coverage window. Remediation costs incurred to investigate and clean up the site to No Further Action status represent expenditures that historical carriers who insured the property during those decades of gasoline operations 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.