This property operated as a gasoline service station with auto repair from 1926 to 2000, with a pump island on the property and two underground storage tanks beneath the adjacent sidewalk on Second Avenue. USTs were removed in 1990 and 2000, and redevelopment of the site included excavation of over 9,900 tons of contaminated soil. A dual-phase extraction system was installed in 2012–2013 and has operated since June 2014, recovering more than 11,000 pounds of vapor-phase hydrocarbons and over 5,700 gallons of contaminated water. Remediation is ongoing under the Voluntary Cleanup Program. 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.
Gasoline dispensing and auto repair operations at this property began in 1926 — six decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The petroleum contamination in soil, groundwater, and soil vapor traces directly to those pre-1986 fueling operations and their underground storage infrastructure. Documented remediation expenditures spanning soil removal, dual-phase extraction, and continuous monitoring represent costs that historical carriers who issued CGL policies during the station's operating years may be obligated both to reimburse and to fund through completion of the ongoing cleanup.
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.