This property was developed in 1950 as a commercial site and has operated continuously since, including as a fueling location with underground storage tanks. Three previous USTs were removed, likely in 1989, and replaced with the current tank configuration. A 2024 subsurface investigation documented gasoline-range TPH at 930 µg/L and oil-range TPH at 650 µg/L in groundwater — both exceeding MTCA Method A cleanup levels — with the contamination plume not yet fully delineated and extending beyond the current boring network to the north, west, and south. The site is in the Awaiting Cleanup phase under Washington's Standard Cleanup program. 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.
Underground storage tanks were installed and operating at this property as early as 1950 — more than three decades before occurrence-based CGL policies began incorporating effective pollution exclusions in 1986. The petroleum contamination now documented in groundwater traces directly to those decades of pre-1986 tank operations. With the plume boundaries still incompletely mapped and cleanup yet to commence, the remediation costs this property faces — further investigation, plume characterization, and eventual groundwater remediation — could plausibly be recoverable under historical CGL policies issued during that original operational window.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.