This property was first developed as a gasoline service station in 1975 and continues to operate as an active retail fuel station with five dispenser islands. A documented release from underground storage tanks triggered an emergency response and groundwater treatment system installation in 1986, with that system operating through 1994. Subsequent cleanup under the Voluntary Cleanup Program included excavation of approximately 400 tons of impacted soil in 2002, operation of an Air Sparge/Soil Vapor Extraction system from 2004 to 2006, and ongoing groundwater monitoring reported from 1993 through at least 2015. 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.
Gasoline contamination at this site — including TPH, BTEX, MTBE, and lead — traces directly to underground storage tank operations that began in 1975, more than a decade before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. Four decades of documented remediation expenditures — emergency response, groundwater treatment, soil excavation, vapor extraction, and long-term monitoring — were incurred to address releases tied to those pre-1986 operations. Historical carriers who issued CGL policies during the 1975–1986 window may be obligated both to reimburse past cleanup costs and to fund the remediation 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.