This property operates as an active retail fueling station at the corner of South Gold Street and East Floral Street in Centralia, dispensing unleaded gasoline and diesel fuel from three underground storage tanks. The presence of an 8,000-gallon UST formerly containing leaded gasoline confirms fueling operations predating 1986. Contaminated soil was excavated and thermally recycled during a UST system upgrade in early 1997, and quarterly and semi-annual groundwater monitoring has been ongoing since March 2016, with dual-phase extraction proposed as a future remedial action. 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 — including BTEX, MTBE, ethylene dibromide, and lead — originated from underground storage tanks that were in service during the era of leaded gasoline, well before 1986. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation costs already incurred — soil excavation, thermal treatment, years of groundwater monitoring — and the costs still ahead for dual-phase extraction represent expenditures that historical carriers may be obligated both to reimburse and to fund going forward.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.