This property operated as the Handi-Stop Grocery & Gas, with a gasoline pump island and underground storage tanks serving retail fuel customers in Graham, Pierce County. Four USTs were removed in 1990 along with 100 cubic yards of contaminated soil, and over 3,400 gallons of petroleum-affected groundwater were pumped and disposed of offsite that same year. An air stripping system treated groundwater from 1991 to 1993, additional soil excavation and tank system upgrades followed in 1998, and proposals for a passive groundwater collection and bioaugmentation system with ongoing monitoring were under way as of 1999. Cleanup work under the Voluntary Cleanup Program remains in progress. 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 petroleum contamination at this site traces to underground storage tanks estimated to have been installed around 1965 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures here — tank removals, soil excavation, groundwater pumping and air stripping, bioaugmentation, and long-term monitoring — are the direct consequence of releases from that pre-1986 fuel infrastructure. Historical carriers who issued CGL policies during the decades these tanks were in service may be obligated both to reimburse past cleanup costs and to fund the remediation still under way.
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.