This property has operated as a gasoline station and convenience market since at least 1964, with underground storage tanks installed in 1964 and 1979 for gasoline and diesel dispensing. The site was reported as a Leaking Underground Storage Tank site in 1996, and cleanup has included the removal of 15,000 gallons of UST capacity in 2001 and completion of an Independent Remedial Action Program. The property is now enrolled in the Voluntary Cleanup Program, with ongoing soil and groundwater investigations, groundwater monitoring, and stormwater mitigation activities. 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 underground storage tanks that were installed and operated more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures — UST removals, soil and groundwater investigation, long-term monitoring, and stormwater controls — trace directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the 1964-through-1985 window may be obligated both to recover costs already incurred and to fund the cleanup work still ahead under the Voluntary Cleanup Program.
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.