This property operated as the Burien Fuel service station from 1950 to 1991, with underground storage tanks installed in the late 1950s and again in 1983 for fuel distribution to retail and wholesale customers. Cleanup activities spanned multiple phases in 1983, 1991, and 1995, involving UST removals and soil excavation that removed at least 350 cubic yards of petroleum-contaminated soil, along with stockpiling, backfilling, tank disposal, and soil screening. The facility was constructed in the 1940s and included a dispenser island, service station building, and open storage area. 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 that were installed and operated continuously from the late 1950s through 1991 — decades within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs across three phases of cleanup — tank removals, excavation of hundreds of cubic yards of contaminated soil, and ongoing monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the site's operational period may still be obligated to recover those cleanup expenditures and to fund any remaining remediation work.
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.