This property operated as a gasoline service station with automotive repair services, housing five underground storage tanks and a pump island. Cleanup activities from 1991 through 1996 included removal of all five USTs, excavation of approximately 1,990 cubic yards of contaminated soil, thermal desorption treatment of over 578 tons of soil, and pumping and treatment of roughly 3,000 gallons of petroleum-affected groundwater. Three monitoring wells were installed and a drinking water well was abandoned during that period. The site remained listed as contaminated through at least 2013, and 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.
The gasoline contamination at this property originated from underground storage tanks that had been out of service for many years before their 1991 removal, placing the facility's fuel-dispensing operations well before 1986 — when occurrence-based CGL policies carried no effective pollution exclusion in Washington. More than two decades of documented remediation expenditures — tank removals, large-scale soil excavation, thermal treatment, groundwater recovery, monitoring-well installation, and long-term assessment — represent costs that historical carriers who issued policies during the station's active years may be obligated both to recover and to fund going forward.
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.