This property has operated as a fueling service station since at least the early 1950s, with underground storage tanks installed as early as 1952 serving multiple grades of gasoline through double-sided dispensers. Cleanup activities have included the removal of seven USTs and 25 cubic yards of contaminated soil in 1992, decommissioning of three additional USTs and excavation of 1,343 tons of petroleum-contaminated soil at the adjoining former ARCO station in 2007, and completion of a Voluntary Cleanup Program project in 2011. Groundwater monitoring has been ongoing from 2005 through at least 2022, and further remedial actions have been proposed. 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 site traces to underground storage tanks installed between 1952 and 1972 — decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. The documented remediation expenditures spanning more than thirty years — multiple UST removals, over 1,300 tons of soil excavation, long-term groundwater monitoring, and a VCP project — represent costs the historical carriers may be obligated both to reimburse and to fund as cleanup continues.
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.