The GearJammer Truck Plaza in Union Gap has operated as a truck stop offering fueling services, lube and wash bays, and on-site amenities including a restaurant and deli. Cleanup activities have been ongoing since late 1995, when two underground storage tanks totaling 9,100 gallons — one for used oil and one for new oil — were excavated and removed due to apparent leaking. Subsequent remediation under the Voluntary Cleanup Program has included contaminated soil removal, groundwater product recovery and purging, and multi-year groundwater monitoring extending from 1999 through at least 2015. 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 property originated from underground storage tanks that were in service well 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 removal, soil excavation, groundwater recovery, and long-term monitoring — have been incurred to address releases tied to those pre-1986 operations, with cleanup still underway. Historical carriers who issued CGL policies during the period these tanks were in use may be obligated both to recover past cleanup costs and to fund the remediation work that remains.
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.