This property operated as a gas station from approximately 1960 to 1970, with five underground storage tanks — including leaded and unleaded gasoline tanks totaling over 19,000 gallons of capacity — and a heating oil UST installed in 1964. In 1996, all five USTs were removed and approximately 280 cubic yards of impacted soil were excavated. The site carried a "reported cleaned up" designation from 1998 through 2013, but recent characterization work has confirmed residual contamination from historical releases of older, weathered gasoline, and cleanup efforts are 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 property originated from underground storage tanks installed and operated during the 1960s — more than two decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Documented remediation costs already include tank removal, soil excavation, and site characterization, with additional cleanup work still ahead. Historical carriers who issued CGL policies covering this property during its gas station operations may be obligated both to recover past remediation expenditures and to fund the cleanup that remains.
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.