This property operated as a gasoline service station dating back to at least 1929, with four underground storage tanks dispensing leaded gasoline over decades of retail fuel sales. The USTs were removed in 1989, and subsequent investigations documented gasoline-range petroleum hydrocarbon contamination in soil and groundwater. Cleanup efforts under the Voluntary Cleanup Program from 2007 to 2010 included groundwater removal and free-product skimming, but the program was terminated when the property owner could no longer afford continued remediation. The former station site now operates as a convenience store market. 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 originated from underground storage tanks that were installed and operated for decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, groundwater recovery, product skimming, and a multi-year Voluntary Cleanup Program — represent costs tied directly to those pre-1986 fueling operations, and cleanup remains incomplete. Historical carriers who issued CGL policies during that operational window may be obligated both to recover costs already incurred and to fund the remediation work that still lies 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.