This property has operated as a commercial fueling and automotive service site since 1922, when a Mobil-brand retail gasoline station and automotive repair facility was constructed with three fuel-dispensing pump islands and underground storage tanks — upgraded with new UST installations in 1942. Cleanup under the Voluntary Cleanup Program has been ongoing since at least 2000, including remedial excavations in 2001, 2004, and 2012 that removed over 1,400 tons of contaminated soil along with several USTs and hydraulic lifts, in-situ chemical oxidation of groundwater, and quarterly groundwater monitoring with an evolving well network. Further remedial action is still deemed necessary for portions of the site. 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 property — gasoline-range hydrocarbons and BTEX compounds — traces directly to fuel-dispensing operations that began more than six decades before 1986, when occurrence-based CGL policies still carried no effective pollution exclusion in Washington. Over two decades of documented remediation expenditures — large-scale soil excavation, UST removal, groundwater treatment, and ongoing monitoring — have already been incurred, with additional remedial work still required. Historical carriers who issued CGL policies during the site's pre-1986 fueling operations may be obligated both to recover those past costs and to fund the cleanup work that remains.
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.