This property operated as DeBock's Texaco, a retail gasoline station with underground storage tanks and a dispensing island, from as early as 1920 through 1995. Three USTs were removed in 1995 and 2003, with approximately 50 tons of petroleum-contaminated soil excavated and disposed offsite. Since 2017, ongoing interim remedial actions under the Voluntary Cleanup Program have included active total fluids pumping and recovery and passive product recovery using absorbents to address light non-aqueous phase liquid (LNAPL), with approximately 7.6 gallons of fuel and water removed to date. 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 — one of which contained leaded gasoline — that were installed and operated decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Remediation costs already incurred over three decades of tank removals, soil excavation, and active fluid recovery are directly traceable to those pre-1986 fueling operations, and cleanup remains ongoing. Historical carriers who issued CGL policies during the station's long operational window may be obligated both to reimburse past expenditures and to fund the continuing remediation.
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.