This property operated as a 76 Service Station with underground storage tanks supplying fuel dispensers for retail sale. Three USTs were removed in October 1999, with contaminated soil observed during the removal. At a separate former Tank and Tummy site, 300 cubic yards of affected soil were excavated and 15,000 gallons of groundwater were pumped for treatment. The 76 Service Station has undergone multi-year groundwater monitoring and recent soil gas and sub-slab vapor sampling under the Voluntary Cleanup Program, with cleanup work ongoing. 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 petroleum contamination at this former service station originated from underground storage tanks estimated to have been installed around 1974 — more than a decade before occurrence-based CGL policies ceased reliably covering pollution claims. The documented remediation expenditures — tank removals, soil excavation, groundwater recovery, and years of monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the station's operational window may be obligated both to recover past cleanup costs and to fund the ongoing monitoring and remediation still underway.
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.