This property served as a gasoline fueling facility with two underground storage tanks — one 6,000-gallon and one 10,000-gallon — and sidewalk-mounted fuel dispensers. The USTs, which formerly contained gasoline, were removed on January 15, 1998, and cleanup under the Standard Cleanup program included excavation and off-site thermal desorption treatment of approximately 346 tons of petroleum-contaminated soil. Groundwater contamination was observed at the site but was not actively treated due to site conditions. 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 gasoline release at this property originated from underground storage tanks installed and operated well before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, extensive soil excavation, and off-site thermal treatment of hundreds of tons of contaminated material — represent costs tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies covering this facility during its operational window may be obligated both to recover past cleanup costs and to fund any remaining remediation work.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.