This property operated as a petroleum service station under the Exxon brand, with underground storage tanks likely installed in the early 1970s or earlier. The USTs were decommissioned in 1997, and a site assessment confirmed benzene, gasoline, and petroleum product contamination in both soil and groundwater. The site was addressed through Washington's Voluntary Cleanup Program and 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.
The underground storage tanks at this property were in operation for decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Benzene and petroleum contamination detected in soil and groundwater here resulted from releases during that pre-1986 operational window. The remediation expenditures required to bring this site to its No Further Action status — assessment, tank decommissioning, and contamination response — represent costs that historical CGL carriers from the operational period may 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.