This property operated as a retail fueling facility and service station from the 1930s until 1989, with seven gasoline underground storage tanks installed over that period. The USTs were excavated and removed in November 1989, and one additional tank was closed in place. Under the Voluntary Cleanup Program, the planned remediation involves excavation and off-site disposal of approximately 1,475 tons of contaminated soil, injection of 3,660 pounds of Oxygen Releasing Compound for in-situ treatment, and long-term groundwater monitoring over an anticipated four-year timeline. 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 roughly five decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The remediation costs now being incurred — large-scale soil excavation, in-situ chemical treatment, and years of groundwater monitoring — trace directly to releases from those pre-1986 fueling operations. Historical carriers who issued CGL policies during the station's long operational window may be obligated both to reimburse past cleanup expenditures and to fund the remediation still under way.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.