This property has operated as a service station since at least 1948, with building permit records confirming a fueling facility at the site and public file and air photo review establishing continuous service station use since at least 1961. Cleanup activities have been underway from at least 1990 through 2019, including free product recovery that removed 226 gallons of petroleum by 1992, a vapor extraction system for soil remediation with associated excavation and well modifications, and a planned groundwater pump-and-treat system. Groundwater monitoring remained active as of 2019. 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 — widespread TPH and BTEX in soil and groundwater, with free product requiring active recovery — originated from underground storage tanks that were in service for decades before 1986. Occurrence-based CGL policies issued to the operators of this station during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. Nearly three decades of documented remediation expenditures, with cleanup still ongoing, represent costs that the historical carriers who covered this facility may be obligated both to reimburse and to continue funding.
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.