This property operates as an active retail gasoline station at 13131 Bothell Everett Highway in Everett. Historical petroleum impacts were identified in 2003 during the replacement and upgrading of dispensers and product lines, prompting enrollment in the Voluntary Cleanup Program. Cleanup activities have included soil excavation, semi-annual groundwater monitoring conducted from 2004 through 2014, and the abandonment of a monitoring well. The detection of total lead alongside petroleum hydrocarbons and BTEX compounds points to gasoline operations predating the phase-out of leaded fuel. 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 contamination at this station — petroleum hydrocarbons, BTEX, and lead — is consistent with decades of gasoline dispensing that began well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs under the Voluntary Cleanup Program — excavation, more than a decade of groundwater monitoring, well decommissioning — represent expenditures tied to historical releases from those pre-1986 operations. Historical carriers who issued CGL policies during the station's early operational years may be obligated both to recover past cleanup costs and to fund the remediation work that remains ahead.
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.