This property operated as an Exxon service station (RS7-2496) with a fuel tank field and service pumps dispensing gasoline and diesel. A leak in the fuel supply system was discovered in March 1987, and a pump-and-treat system operated from July through December 1987 to address the release. Quarterly groundwater monitoring has documented persistent contamination by gasoline- and diesel-range hydrocarbons, BTEX compounds, and elevated total lead concentrations — with tetraethyl lead from a release of leaded gasoline identified as a potential source. Cleanup is ongoing under the Standard Cleanup program. 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 former Exxon station originated from a fuel supply system leak tied to operations that predate 1986 — confirmed by the presence of tetraethyl lead, a gasoline additive phased out in the mid-1980s. Occurrence-based CGL policies issued to the station's operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The site's documented remediation costs — emergency pump-and-treat response, long-term groundwater monitoring, and ongoing cleanup — represent expenditures that historical carriers may be obligated both to recover 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.
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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.