This property has operated as a retail self-service fueling facility since the mid-1950s, with single-walled steel underground storage tanks installed in 1961 dispensing gasoline and diesel. A used oil UST was previously removed and remediated to a No Further Action determination in 2012, but contamination attributed to the historic operation of underground petroleum fuel systems remains under active investigation — quarterly groundwater monitoring is ongoing and a Remedial Action Plan is in development. The facility continues to operate as a Pacific Pride self-service fueling station under Martin Commercial Fueling, Inc. 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 traces to underground storage tanks and fueling infrastructure that were installed and operated for more than three decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. The site's documented remediation expenditures — tank removal, soil investigation, groundwater monitoring, and the forthcoming Remedial Action Plan — represent costs tied directly to 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 still 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.