This property has operated as a retail gasoline station since at least 1940 and is currently branded as an Exxon station with three underground storage tanks and a four-dispenser pump island. Petroleum contamination was identified in the mid-1990s, linked to a faulty spill containment system from a 1993 tank upgrade, and the site entered the Voluntary Cleanup Program. Remediation has included excavation and disposal of 5 tons of petroleum-impacted soil, recovery of liquid phase hydrocarbons, abandonment of a monitoring well, and quarterly groundwater monitoring conducted from 1996 and resumed in 2016–2017. Cleanup work is 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.
Gasoline operations at this site date to at least 1940 — more than four decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Underground storage tanks installed in 1976 and 1984 stored and dispensed leaded and unleaded gasoline during a period when CGL coverage was routinely issued to fuel retailers. The documented remediation expenditures — soil excavation, hydrocarbon recovery, and decades of groundwater monitoring — represent costs that historical carriers who wrote policies during that operational window 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.
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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.