This property has operated as a vehicle fueling station with underground storage tanks dispensing gasoline and diesel fuel. In 1989, three 1,000-gallon USTs containing leaded and unleaded gasoline were excavated and removed along with approximately 1,800 cubic yards of petroleum-impacted soil. Since 2002, the site has undergone multiple rounds of groundwater and soil sampling and the installation of nine monitoring wells, reflecting an ongoing multi-year remediation and monitoring effort under the Voluntary Cleanup Program. The property remains in active commercial use as a combination convenience store and self-service fueling station. 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 petroleum contamination at this site originated from underground storage tanks that stored leaded gasoline — a definitive marker of operations predating 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Decades of documented remediation expenditures — tank removal, large-scale soil excavation, monitoring well installation, and ongoing groundwater sampling — were incurred to address releases tied directly to those pre-1986 fueling operations. With cleanup still underway, historical carriers who issued CGL policies during the period of contamination may be obligated both to recover past costs and to fund the remediation work 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.