This property has operated as a petroleum facility since 1944, initially under Perkins Oil and later as Jumbos Car Wash & Gas — a retail gas station with automated car wash and grocery store. Four underground storage tanks ranging from 12,000 to 20,000 gallons stored diesel and gasoline, including leaded gasoline from USTs installed in 1980. Cleanup under the Voluntary Cleanup Program has included excavation and removal of all four USTs, dispenser islands, and associated piping, along with approximately 2,104 tons of petroleum-contaminated soil, asbestos abatement, and demolition of surface structures. Additional remediation — a Soil Vapor Extraction system, bioremediation with Oxygen Releasing Compounds, and quarterly groundwater monitoring — has been proposed, and the facility is currently closed to business. 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 operations at this property date to the mid-1940s, with a gasoline lawsuit alleging contamination from operations as early as 1946 — placing decades of fuel storage and dispensing squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. The documented remediation expenditures already incurred — tank removals, large-scale soil excavation, demolition — together with the proposed vapor extraction, bioremediation, and long-term monitoring still ahead represent substantial cleanup costs tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover costs already spent and to fund the remediation work that remains.
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.