This property operated as a gas station and convenience store in Toutle, Cowlitz County, with underground storage tanks holding gasoline, leaded gasoline, and diesel. Cleanup under the Standard Cleanup program ran from 1990 to 1993, including removal of six USTs in 1991 and five more in 1993, excavation of contaminated soil, and removal of approximately 700 gallons of contaminated water from excavations for disposal. An additional 150 cubic yards of contaminated soil were bioremediated on-site through tilling and reused as fill. 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.
The presence of leaded gasoline in the underground storage tanks places fuel-dispensing operations at this property squarely before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The contamination addressed here — petroleum releases from aging USTs — is the type of gradual, operations-linked loss those policies were written to cover. Documented remediation costs spanning multiple tank removals, soil excavation, water removal, and on-site bioremediation represent expenditures the 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.