This property operated as a fuel dispensing facility under the Wolfes Farm Supply business, with 14 underground storage tanks registered at the site containing leaded gasoline, unleaded gasoline, diesel, and heating oil. Four USTs were excavated and removed in 2007, revealing two distinct soil impact zones — one associated with the fuel station UST release to the north and one tied to the offroad diesel UST to the south. Soil and groundwater contamination was documented at that time, and no additional remedial work has been completed to address it. 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.
The presence of leaded gasoline in these tanks confirms that fuel dispensing operations at this property were underway well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Contamination from historical UST releases at two separate zones on the property remains unaddressed beyond the 2007 tank removals, meaning the full cost of soil and groundwater remediation still lies ahead. Historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to recover the costs already incurred and to fund the cleanup 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.