This property operated as ARCO Service Station No. 5236, a fuel-dispensing facility with underground storage tanks, dispenser islands, and a station kiosk. The presence of total lead alongside gasoline-range organics in groundwater confirms releases dating to the leaded-gasoline era, well before 1986. Cleanup under the Voluntary Cleanup Program has been underway since at least 1996 and has included UST removal, dispenser and kiosk demolition, air sparging, soil vapor extraction, and the installation of additional monitoring wells as recently as 2011. Remediation remains ongoing, with BP West Coast Products LLC identified as the responsible party. 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.
Leaded-gasoline residues in the groundwater tie the contamination at ARCO 5236 directly to fueling operations conducted during the era when occurrence-based CGL policies were standard — policies issued to ARCO and its predecessors covering this station's daily dispensing risk. More than two decades of documented remediation costs — tank removals, soil vapor extraction, air sparging, and long-term monitoring — have already accrued, and active cleanup continues. The historical carriers who underwrote this station's operations during the leaded-gasoline years may be obligated both to reimburse past expenditures and to fund the remediation still ahead.
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.