This property served as a general store, post office, and gasoline station in Grapeview, Mason County, with five steel underground storage tanks supporting fuel dispensing operations. In 1993, all five USTs, associated fuel pumps and lines, and 350 cubic yards of petroleum-impacted soil were excavated and removed. Three groundwater monitoring wells were installed in 2001, and quarterly groundwater monitoring remains ongoing until contaminant levels meet regulatory standards under the Voluntary Cleanup Program. 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 steel USTs at this site date to an estimated installation year of 1968 — nearly two decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Contamination here was attributed to leaking fuel lines associated with those historical tanks, a slow release originating squarely within the pre-1986 policy window. The documented remediation costs — tank removal, soil excavation, well installation, and years of quarterly groundwater monitoring — represent expenditures that historical carriers who covered the site during that operational period may be obligated both to recover and to fund going forward.
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.