This property hosted two successive gas station operations over approximately four decades, from 1932 through 1973, with underground storage tanks for gasoline and diesel installed as early as the 1930s. Cleanup under the Standard Cleanup program has included excavation and removal of two 8,000-gallon USTs and one 225-gallon waste-oil UST, removal of fuel-dispenser islands, and excavation of 64.4 tons of petroleum-impacted soil. Additional remediation work involved tank conditioning, disposal of 250 gallons of waste rinse water and 150 gallons of oil and sludge, and site restoration including backfilling and pipe repair. 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 property traces directly to gas station operations that began in 1932 — more than five decades before the 1986 cutoff after which occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in Washington. The documented remediation expenditures — UST removals, soil excavation, waste disposal, and site restoration — were incurred to address releases from those pre-1986 operations. Historical carriers who issued CGL policies to the operators during the 1932–1973 service-station era may be obligated both to recover costs already spent and to fund the cleanup 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.