This property operated as Unocal Service Station Number 5028, with facility development documented as early as 1965 and underground gasoline, diesel fuel, and used oil storage tanks serving the pump island. Contamination was discovered in May 1986 when corroded steel tanks — showing holes from long-term deterioration — were removed and 2,000 gallons of contaminated water and free product were pumped from the excavation. Further cleanup in 1990 included additional tank removals and excavation of approximately 50 cubic yards of contaminated soil. The site entered the Voluntary Cleanup Program, which was terminated in 2015 due to inactivity. 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 originated from underground storage tanks that were in the ground well before 1986, with facility records dating to 1965 and the tanks themselves showing extensive corrosion consistent with decades of service. Occurrence-based CGL policies issued to the station's operators during that pre-1986 window carried no effective pollution exclusion under Washington law. The documented remediation expenditures — tank removals, soil excavation, free-product recovery, and years of program oversight — represent costs that historical carriers may be obligated to reimburse, and with the Voluntary Cleanup Program terminated without completion, further cleanup obligations may yet arise.
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.