This property operated as a gas station with underground storage tanks that became the subject of a leaking UST release notification in February 1994. The site entered Washington's Voluntary Cleanup Program in 2000 to address petroleum contamination — including benzene and other petroleum hydrocarbons — identified in groundwater. Ecology issued a No Further Action determination in 2011, closing out the cleanup. 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 release at this site was reported in 1994, but the underground storage tanks responsible for the contamination were installed and operating years or decades earlier — consistent with the typical 20-to-30-year lifecycle of gas station USTs from that era. Occurrence-based CGL policies issued to the operator during that pre-1986 installation window carried no effective pollution exclusion in Washington. The remediation costs incurred through the Voluntary Cleanup Program — from the 1994 release through the 2011 No Further Action determination — represent expenditures that historical carriers may be obligated to recover.
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.