This property operated as Ernie's Fuel Stop, a gas station and convenience store in Enumclaw, with five underground storage tanks originally installed in the early 1960s and additional tanks added in 1973. The USTs were removed in 1993, followed by extensive overexcavation of petroleum-contaminated soil from the tank nest and dispenser island areas, construction of an on-site remediation cell, and installation of monitoring wells in 2002 and 2003. A 2015–2016 investigation confirmed that contamination had migrated from the historical fuel stop operations, and assessment and monitoring work remains ongoing under the Standard Cleanup program. 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 from the early 1960s through the early 1990s — more than two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures — tank removals, large-scale soil excavation, on-site treatment, and over twenty years of groundwater monitoring — trace directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover past cleanup costs and to fund the remediation work that continues today.
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.