This property has operated as a gasoline service station since at least the early 1960s, cycling through Mobil, BP, ARCO, and 76 branding over the decades, with underground storage tanks and fuel dispensers serving retail customers throughout. Contamination from petroleum releases between 1964 and 1990 — attributed to leaking USTs, conveyance piping, dispenser islands, and hydraulic lifts — prompted extensive remediation under the Voluntary Cleanup Program, including removal of five USTs, excavation of over 1,300 cubic yards of contaminated soil, groundwater pumping and air-stripping, soil vapor extraction, a two-year magnesium sulfate injection program, and ongoing monitoring well sampling stretching from 1989 through 2021. The site currently operates as a 76 retail gasoline station with a convenience store, and cleanup work remains 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.
Petroleum releases at this station began as early as 1964 — more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures spanning over thirty years, from tank removals and large-scale soil excavation to groundwater treatment, vapor extraction, injection programs, and indoor air purification, represent both past costs that historical carriers may be obligated to reimburse and future monitoring and cleanup obligations they may be required to fund. Carriers who wrote occurrence-based policies covering this station during its pre-1986 operational window face potential liability for a contamination event whose remediation is still not complete.
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.