This property has operated as a gas station since 1962, with seven underground storage tanks holding diesel, multiple grades of unleaded gasoline, and waste oil. Cleanup activities have included removal of all seven USTs and partial excavation of contaminated soil in 1991, remediation of a 60-gallon fuel spill around 2000, and a site investigation and monitoring program spanning from 1991 through at least 2014. Contaminated soil remains in place, and cleanup 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.
Petroleum contamination at this property originated from underground storage tanks installed and operated beginning in 1962 — more than two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures to date — tank removals, soil excavation, spill cleanup, and over twenty years of monitoring — along with the cost of addressing contaminated soil still in place, represent the kind of long-tail environmental liability that historical carriers 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.