This property has operated as a gasoline service station since at least 1928. Six underground storage tanks were removed in 1990, at which time petroleum-contaminated soil was discovered; subsequent investigation documented benzene, lead, TPH-gasoline, and 1,2,4-trimethylbenzene in groundwater, and a vapor intrusion assessment including sub-slab soil vapor and indoor air sampling was completed. The site entered the Voluntary Cleanup Program and has since received a No Further Action determination from Ecology. 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.
Fueling operations at this site began nearly six decades before 1986, the year occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in Washington. The petroleum contamination documented in groundwater — benzene, lead, TPH-gasoline — traces directly to underground storage tanks that were in service throughout that pre-1986 window. Remediation expenditures spanning UST removal, soil cleanup, groundwater monitoring, and vapor intrusion assessment represent costs that historical CGL carriers who insured this station during its decades of pre-1986 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.