This property has operated as a retail gasoline station since 1969, with underground storage tanks installed in 1973 to support fuel dispensing at the 326 Main Street location in Montesano. Three USTs totaling 24,000 gallons were removed in May 2006 along with associated product lines and petroleum-contaminated soil. Forensic investigation confirmed leaded gasoline in free product, with the release estimated to have occurred between 1974 and 1976 from leaking product lines and aging UST systems. Groundwater remediation has included interim free product removal via Mobile Dual-Phase Extraction in 2009, multi-year quarterly groundwater monitoring from 2005 through 2009, and preparation of cost estimates for future remedial design. The property currently operates as a Shell gasoline station with a convenience store. 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 releases at this site originated from underground storage tanks and product lines installed in the early 1970s — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The forensic evidence pinpointing the release to 1974–1976 places the contamination squarely within that pre-1986 policy window. Documented remediation expenditures to date — tank removal, soil excavation, dual-phase extraction, years of groundwater monitoring — along with the future remedial design costs still being scoped, represent obligations that historical CGL carriers may be required both to reimburse 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.
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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.