This property operated as a gasoline service station with three underground storage tanks — two 6,000-gallon gasoline tanks and a 250-gallon waste oil tank — installed as early as the late 1960s. The tanks were decommissioned in place with sand fill well before 1988 and physically removed in 1992, along with contaminated liquids and solids. Petroleum releases were documented around the waste oil tank and along product delivery lines leading to the fuel dispenser island, with lead detected in soil samples from gasoline release areas. The site has been under Ecology review for over 18 years, with ongoing requests for further investigation and remediation of remaining contaminated soil and potential groundwater impacts. 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 property traces to underground storage tanks that were operational decades before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The presence of lead in soil from gasoline releases independently confirms a pre-1986 contamination origin, since leaded gasoline was phased out by the mid-1980s. With cleanup work still ongoing — further soil investigation, potential groundwater remediation — the historical carriers who insured these operations may be obligated both to reimburse past remediation costs and to fund the work that remains.
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.