This property has operated as a gasoline service station since 1945, with the present building constructed in 1947 and underground storage tanks replaced in 1976. The site has been listed as a Leaking Underground Storage Tank (LUST) site since 1988, and cleanup under the Standard Cleanup program has included decommissioning four USTs, excavation of 241 cubic yards of contaminated soil, groundwater pumping, installation of five air sparging wells in 1996, and periodic groundwater monitoring from 1996 through 2018. Remediation work is ongoing. 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 that were installed and operated for decades before 1986 — one of which stored leaded regular gasoline, a product phased out well before that cutoff. Occurrence-based CGL policies issued to the station's operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures — tank removals, soil excavation, air sparging, and over two decades of groundwater monitoring — represent costs that historical carriers may be obligated both to reimburse and to continue funding as cleanup proceeds.
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.