This property has operated as a gasoline fueling station since at least the 1940s, when the earliest underground storage tanks were installed. A 1989 system upgrade removed three USTs totaling 14,000 gallons of capacity and uncovered three additional tanks of 1940s vintage ranging from 550 to 1,000 gallons. Cleanup under the Standard Cleanup program has included excavation of 600 cubic yards of petroleum-contaminated soil, land-farming treatment, installation of a vapor-abatement piping system and extraction wells, bioremediation of soil and groundwater, and multi-year monitoring with ongoing compliance requirements. New tanks totaling 24,000 gallons of capacity were installed following soil removal, and cleanup work 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.
Petroleum contamination at this site traces to underground storage tanks that were in the ground as early as the 1940s — more than four decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures — tank removals, large-scale soil excavation, vapor abatement, bioremediation, extraction wells, and years of monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that long operational window may be obligated both to reimburse past cleanup costs and to fund the compliance work that continues today.
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.