This property has operated as a gasoline station since at least 1965, when five underground storage tanks containing leaded and unleaded gasoline were installed at the site. Those original USTs were excavated and removed in 1988 after a petroleum release was discovered, with cleanup efforts including removal of free petroleum product and contaminated water from turbine pump vaults and sandpoints via vacuum trucks, and mandated installation of vapor barriers. The site continues to operate as a Starvin' Sam's convenience store and 76-branded fuel station with three 10,000-gallon underground storage tanks. 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 originated from underground storage tanks installed in 1965 — more than two decades before occurrence-based Commercial General Liability policies were replaced by claims-made forms with absolute pollution exclusions. The documented remediation costs already incurred — tank excavation, free product recovery, contaminated water removal, vapor barrier installation — and the ongoing investigation into contamination from historical and current site operations 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.
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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.