ARCO 6194 operated as a gasoline service station at 610 Highway 20 West in Burlington, Skagit County. Petroleum-gasoline contamination — including benzene and non-halogenated solvents — was identified in soil and groundwater beneath the property, consistent with releases from underground storage tanks. The site entered the Voluntary Cleanup Program, and remediation of all identified contaminants was completed. Ecology issued a No Further Action determination following successful 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 benzene and petroleum-gasoline contamination at this ARCO station originated from underground storage tank operations that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation expenditures incurred through the Voluntary Cleanup Program — from initial investigation through soil and groundwater cleanup to the No Further Action milestone — represent costs that historical carriers who wrote CGL coverage during the station's pre-1986 operational window may still 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.