This property operated as a gasoline service station from as early as 1944, with a Signal Oil Company fueling station documented at the site from 1960, before transitioning to Totem Equipment. At least five underground storage tanks — ranging from 500 to 15,000 gallons and storing gasoline, diesel, and heating oil — were present on site. Cleanup under the Standard Cleanup program has included excavation and removal of all five USTs and contaminated soil in 2007, pumping of 87,000 gallons of groundwater and chemical injections in 2008, installation of 16 monitoring and injection wells, and ongoing groundwater monitoring extending from 2006 through 2015. Remediation is 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.
Fuel dispensing operations at this site began more than four decades before 1986, the year occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in Washington. Gasoline, diesel, benzene, and oil contamination released from underground storage tanks installed and operated during that pre-1986 window is exactly the kind of long-tail environmental liability those policies were written to address. The documented remediation expenditures — tank removals, large-scale groundwater recovery, chemical injection, and years of monitoring — represent costs that historical carriers who issued CGL policies during those decades of fueling operations may be obligated both to reimburse and to fund going forward.
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.