This property operated as a gasoline service station from the mid-1960s through 1972, with three underground storage tanks serving the fueling operation. The USTs were permanently closed with Ecology on December 31, 1972. Subsequent investigation under the Voluntary Cleanup Program identified petroleum hydrocarbons — including gasoline, diesel, and benzene — along with lead and other non-halogenated organics in groundwater beneath the site. The site has 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.
Every year of gasoline station operations at this property — from the mid-1960s through the 1972 tank closures — falls squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum and lead contamination detected in groundwater here traces to underground storage tanks that were installed, operated, and closed entirely within that pre-1986 policy window. Historical carriers who issued CGL coverage during those years of active fueling operations may be obligated to cover the investigation and remediation costs incurred at the site.
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.