This property has operated as a fuel dispensing business since at least 1971, with three underground storage tanks holding up to 26,000 gallons of gasoline. Petroleum contamination was first addressed with a limited soil removal in 1992, followed by major excavation campaigns in 2006 and 2009 that removed a combined 3,655 tons of contaminated soil. Groundwater remediation has included dewatering 45,600 gallons with air sparging, installation of horizontal wells and SVE wells, and planned in-situ treatment using 6,600 pounds of Oxygen Release Compound over a three-year application cycle. Cleanup work under the Voluntary Cleanup Program remains ongoing. 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 trace to fuel piping joints and tank-filling spills tied to operations that began fifteen years before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The remediation expenditures documented here — multiple rounds of soil excavation, groundwater treatment, vapor extraction infrastructure, and years of planned ORC applications — represent costs that historical carriers who wrote CGL policies during the 1971-to-1986 operating window may be obligated both to reimburse and to fund through completion.
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.