This property operated as a gasoline station with two underground storage tanks — one for unleaded and one for leaded gasoline — indicating operations well before the phase-out of leaded fuel in the mid-1980s. Cleanup activities between 1993 and 1994 involved the excavation and removal of both USTs and approximately 60 cubic yards of contaminated soil, which was stockpiled on site and sampled. The site remains in cleanup-started status under the Standard Cleanup program. 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 a leaded gasoline tank at this property places fuel-dispensing operations squarely in the pre-1986 era, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Gasoline contamination from those USTs triggered the remediation work documented here — tank removal, soil excavation, and sampling — costs that historical carriers who insured the operator during that period may be obligated to recover and to fund for any remaining cleanup obligations.
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.