This property operated as a gasoline station — formerly known as Bud's One Stop — with underground storage tanks installed as early as the 1970–1975 period, dispensing both leaded and unleaded gasoline. In 1989, following a confirmed release of hazardous substances from a UST, Ecology oversaw the excavation and removal of three underground storage tanks (3,000-, 500-, and 1,000-gallon capacities) along with contaminated soil, and replacement tanks were installed. A 6,000-gallon tank was placed in temporary closure in 2016, and Ecology has noted a persistent gap in cleanup reporting through 2011 and recommended further site characterization as recently as 2016. Cleanup work remains 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 site traces directly to underground storage tanks that were installed and operating throughout the 1970s — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The documented remediation costs — tank removals, soil excavation, replacement infrastructure, and a characterization effort spanning decades — arose from releases tied to those pre-1986 operations. Historical carriers who wrote CGL policies covering Bud's One Stop during that operational window may be obligated both to reimburse past cleanup expenditures and to fund the site characterization and remediation work that Ecology continues to require.
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.