This property was developed as a gasoline service station between 1968 and 1980 and has operated as such since, with facilities including dispenser islands, a car wash, and four 10,000-gallon underground storage tanks. A petroleum release reported in April 1990 led to extensive cleanup under the Voluntary Cleanup Program: removal of multiple USTs — including tanks that had stored leaded gasoline — excavation and off-site disposal of over 800 cubic yards of impacted soil, and operation of a soil vapor extraction system from 1990 to 1996 that recovered 110 pounds of total petroleum hydrocarbons. Groundwater monitoring has continued since 1991, and a Monitored Natural Attenuation program is underway to address remaining groundwater impacts. 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 contamination at this site traces to first-generation underground storage tanks and fueling operations that began no later than the 1970s — well before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. More than three decades of documented remediation expenditures — tank removals, large-scale soil excavation, years of vapor extraction, and ongoing groundwater monitoring — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during that window may be obligated both to reimburse past cleanup costs and to fund the natural-attenuation work still in progress.
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.