This property operated as the Wiggins Estate Gas Station and Restaurant from at least 1959 through the late 1990s, with four 500-gallon underground storage tanks storing gasoline and diesel fuel for retail sale. Cleanup activities have included removal of all four USTs between 1993 and 2000, multiple phases of test pit excavations for site assessment from 1992 through 2007, and groundwater pumping and disposal. Investigations and cleanup recommendations have spanned from 1992 to at least 2008, and cleanup work remains 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.
Petroleum contamination at this site originated from underground storage tanks that were installed and operated for more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation costs — UST removals, multi-phase excavations, groundwater recovery, and over fifteen years of investigation — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover past cleanup expenditures and to fund the remediation work that remains 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.