This property operated as a Conoco service station from at least 1954, with underground storage tanks installed between 1954 and 1979 supplying gasoline and diesel to three active pump islands as part of a bulk fuel storage and distribution operation. Cleanup under the Voluntary Cleanup Program began in 1991 with the removal of the USTs and approximately 900 cubic yards of petroleum-contaminated soil, followed by installation of replacement tanks and a groundwater collection system. Groundwater remediation included active aeration and natural attenuation, with site monitoring conducted over twelve years from 1993 through 2004. 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 contamination at this site originated from underground storage tanks installed and operated continuously from 1954 — more than three decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, excavation of 900 cubic yards of contaminated soil, groundwater collection and treatment, and over a decade of monitoring — represent costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during that long operational window may be obligated both to recover past cleanup costs and to fund remediation still underway.
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.