This property was initially developed as a Signal Oil service station in 1949 and operated as a gasoline service station with underground storage tanks until sometime prior to 1987, after which it continued as an auto repair facility until 2008. Cleanup under the Voluntary Cleanup Program has included UST removal, installation of a dual-phase extraction system in September 2007, and recovery of approximately 670 gallons of free product by February 2008. The VCP project was active from at least 2009 through 2016, and cleanup work remains ongoing. 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.
Gasoline contamination at this site — including free product requiring active extraction — traces directly to underground storage tank operations that began in 1949 and continued for nearly four decades before 1986. Occurrence-based CGL policies issued to the operators during that window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures — tank removal, dual-phase extraction, free-product recovery, and years of VCP oversight — represent costs the historical carriers may be obligated both to reimburse and to continue funding as cleanup progresses.
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.