This property operated as a gasoline service station for decades before the structure burned down in 1972, with underground storage tanks and a pump island serving as the site's fuel-dispensing infrastructure. Cleanup under the Standard Cleanup program has included the removal of two underground storage tanks, excavation of 147 tons of petroleum-contaminated soil, pumping and disposal of 2,500 gallons of oily water, and backfilling with 174 tons of clean fill. As of 2004 remaining contamination was not yet protective of groundwater standards, and the site's cleanup status remains active. 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 dispensing at this property predated 1972 by decades, placing the origin of contamination — petroleum hydrocarbons, benzene, xylenes, and lead from leaded gasoline — squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion in Washington. The documented remediation expenditures to date — tank removals, soil excavation, contaminated-water disposal — and the ongoing obligation to achieve groundwater protection standards represent costs that historical carriers who insured this operation may be obligated both to reimburse and to fund through completion of cleanup.
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.