This property historically operated as a gas station and convenience store selling groceries and gasoline, with minor auto repair work performed after the store closed. The facility was abandoned by 1986, leaving behind leaking underground storage tanks that were the source of petroleum contamination in soil and shallow groundwater. In June 2003, Ecology oversaw the removal of the USTs and remedial excavation of significant quantities of petroleum-contaminated soil, after which the site was capped with clean soils. 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.
The petroleum contamination at this site originated from underground storage tanks that served gasoline dispensing operations abandoned by 1986 — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs — UST removal, large-scale soil excavation, and site capping — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the station's active years may be obligated both to recover those cleanup expenditures and to fund any further remediation the site requires.
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.