This property has operated as a gasoline station since 1962, when Humble Oil Company constructed the original facility with four gasoline USTs, a waste oil UST, a fuel oil UST, service bays, and two dispenser islands. Cleanup under the Voluntary Cleanup Program has included removal of multiple underground storage tanks, dispensers, and hydraulic hoists, excavation and disposal of at least 430 cubic yards and 147 tons of contaminated soil, and pumping of 15,000 gallons of contaminated groundwater. Further remedial action is ongoing, with additional soil and groundwater characterization, monitoring well installation, and a vapor intrusion pathway evaluation required by Ecology. A current gasoline station and convenience store has operated on the property since 1997. 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 site traces to gasoline storage and dispensing operations that began in 1962 — more than two decades before occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in 1986. The presence of lead among the contaminants of concern confirms that leaded gasoline was dispensed during the pre-1986 operational window, tying the releases directly to the era those policies covered. The documented remediation costs already incurred — tank removals, large-scale soil excavation, groundwater recovery — and the further cleanup Ecology still requires represent expenditures that historical carriers who issued CGL policies during those pre-1986 operations may be obligated both to reimburse 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.