This property operated as the Former Exxon Station 77071, a retail gasoline fueling facility with underground storage tanks and a pump island at 502 State Avenue in Marysville. Cleanup under the Voluntary Cleanup Program has included operation of a soil vapor extraction system that cumulatively recovered 4,637 pounds of hydrocarbons, air sparging to treat contaminated groundwater, and ongoing multi-year groundwater monitoring with analytical data extending back to at least 2004. Cleanup work remains active. 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 former fueling station — gasoline-range and diesel-range hydrocarbons along with BTEX compounds — is the signature of underground storage tank operations that predate the stricter federal UST regulations enacted in the mid-1980s. 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 here — vapor extraction, air sparging, and decades of groundwater monitoring — represent costs the historical carriers may be obligated both to recover 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.