This property operated as an automotive service station from 1955 to 1984, with underground storage tanks dispensing unleaded, premium, and regular gasoline. Cleanup under the Voluntary Cleanup Program has included the removal of five underground storage tanks and associated piping, excavation and aeration treatment of approximately 1,800 cubic yards of petroleum-contaminated soil in 1990 and 1993, and multi-year groundwater monitoring with quarterly sampling from at least 1999 through 2008 and beyond. 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.
Petroleum contamination at this site originated from fuel dispensing operations that ran for nearly three decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, large-scale soil excavation, aeration treatment, monitoring well installation, and years of quarterly groundwater sampling — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the 1955-to-1984 operational window may be obligated both to recover past cleanup costs and to fund the remediation still underway.
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.