This property has operated as a fuel service station since 1945, when the first generation of retail fuel system was installed, with facility development at the site dating to 1941. Gasoline-range total petroleum hydrocarbons (TPH) were detected in soils near a former on-site pump island and a former 4,000-gallon gasoline underground storage tank, including tanks that once held leaded gasoline. Cleanup under the Voluntary Cleanup Program has included excavation and landfarming of contaminated soil, multi-year site investigations from 2018 through 2019, and borehole abandonment; a Feasibility Study with Disproportionate Cost Analysis has been recommended to evaluate future remediation options. 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 in 1945 — more than four decades before 1986, when occurrence-based Commercial General Liability policies ceased being issued without effective pollution exclusions. The petroleum contamination detected in site soils traces directly to underground storage tanks and pump islands from that pre-1986 era, including leaded-gasoline tanks that are themselves markers of mid-century operations. With cleanup already underway and a Feasibility Study pending to define the next phase of remediation, historical carriers who covered this station during its early decades of operation may be obligated both to recover costs already incurred and to fund the work still ahead.
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.