This property operated as Collins Grocery/Gas, a fuel-dispensing operation with at least six underground storage tanks — two approximately 4,000-gallon tanks and four approximately 8,000-gallon tanks storing gasoline and diesel. UST removal began in October 1988, revealing petroleum contamination in the tank pits; soil and groundwater characterization followed in 2004, and additional contaminated soil was removed during road improvement activities in 2007. Enforcement efforts by health departments and Ecology to advance cleanup spanned from 1988 through at least 2007, and the site remains in active cleanup status. 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 releases at this property originated from underground storage tanks that were installed and operated before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. Nearly two decades of documented remediation activity — tank removals, soil characterization, contaminated soil excavation, and groundwater investigation — represent cleanup expenditures tied directly to those pre-1986 fueling operations. With cleanup still underway, historical carriers who issued CGL policies during the operational window may be obligated both to recover past costs and to fund the remaining 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.
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.