This property operated as a Texaco-branded gasoline service station before being decommissioned in 1994. Groundwater monitoring has been ongoing since at least 1994 across thirteen monitoring wells, with both quarterly and annual sampling events documenting petroleum hydrocarbons and lead in groundwater — the latter confirming the historical use of leaded gasoline at the site. Active remediation includes two air sparging wells for groundwater treatment, and the current property consists only of a mobile structure and a small shed. 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 originated from fueling operations that predate 1986, as confirmed by the presence of lead — a gasoline additive phased out in the mid-1980s — in groundwater samples. Occurrence-based CGL policies issued to the station's operators during those pre-1986 years carried no effective pollution exclusion under Washington law and remain enforceable today. Decades of documented remediation expenditures — air sparging, thirteen-well monitoring networks, investigation-derived waste disposal — represent cleanup costs that historical carriers may be obligated both to recover and to fund as treatment continues.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.