This property has operated as a retail gasoline station since the 1960s, equipped with fuel-dispensing pump islands and multiple underground storage tanks for gasoline and diesel. Nine former USTs were removed in 1989, and cleanup under the Voluntary Cleanup Program has continued for over three decades — including a groundwater extraction and reinfiltration system from 1992 to 1996, quarterly groundwater monitoring since 2001, installation of an air sparge and soil-vapor extraction system in 2007, activated carbon injections in 2018 and 2019, and planned in-situ chemical oxidation injections. The station remains in active commercial operation today with a convenience store, four current USTs, and eight fuel-dispensing pump islands. 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 installed and operated throughout the 1960s, 1970s, and early 1980s — years when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The detection of total lead among the contaminants of concern points directly to the era of leaded gasoline, reinforcing that the releases predate 1986. More than thirty years of documented remediation expenditures — tank removals, groundwater treatment systems, vapor extraction, carbon and chemical injections, and ongoing monitoring — represent costs that historical carriers may be obligated both to reimburse and to fund as cleanup continues.
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.