This property operated as a commercial service station equipped with two 1,500-gallon gasoline underground storage tanks, a 1,500-gallon diesel UST, and associated fuel lines and pump islands. Cleanup under the Voluntary Cleanup Program has included the excavation and disposal of approximately 800 tons of contaminated soil, removal of all underground storage tanks, and installation of an asphalt cap over remaining impacted soil. Groundwater monitoring was conducted from 2008 through 2013, and institutional controls — including cap maintenance and periodic five-year reviews — remain in place. 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.
Petroleum contamination at this property originated from underground storage tanks estimated to have been installed around 1975, more than a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures — tank removals, 800 tons of soil excavation, cap installation, years of groundwater monitoring, and ongoing institutional controls — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover past cleanup costs and to fund the continuing controls still required at the site.
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.
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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.