This property operated as an Exxon gasoline station from possibly as early as 1966 until 1991, with two fuel dispenser islands, an automobile service building, and six underground storage tanks storing gasoline, fuel oil, and waste oil. Cleanup under the Voluntary Cleanup Program has included the removal of all six USTs and 600 cubic yards of contaminated soil in 1991, passive free-product recovery, a soil vapor extraction and groundwater pump-and-treat system operated from 1997 to 1999, and a dual-phase extraction system with 11 wells operated from 2004 through 2013 — collectively recovering over 10,500 pounds of hydrocarbons. 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 and lead contamination at this site originated from fueling operations and underground storage tanks that were installed and operated for roughly two decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. More than two decades of documented remediation expenditures — tank removals, soil excavation, vapor extraction, groundwater treatment, and long-term dual-phase extraction — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the station's 1966-to-1986 operational window may be obligated to recover those costs and to fund any remaining cleanup obligations.
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.