This property operates as a Phillips 66 and Circle K fueling facility with underground storage tanks and fuel dispensers. Gasoline-range hydrocarbon contamination, including liquid phase hydrocarbons profiled as unleaded gasoline, has been subject to remediation under the Voluntary Cleanup Program since at least 1995. Cleanup activities have included ongoing product recovery and groundwater purging, with over 124 gallons of liquid phase hydrocarbons and 110 gallons of purge water removed to date. The presence of Total Lead in groundwater samples confirms historical releases of leaded gasoline, placing the contamination origin well before 1986. 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.
Lead contamination in the groundwater at this site is a chemical fingerprint of leaded gasoline — a product phased out of commercial sale before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The decades-long remediation effort here — product recovery, groundwater purging, monitoring, and cleanup planning — represents a substantial and still-growing cost trail tied directly to releases that began during that pre-1986 policy window. Historical carriers who covered the facility's operators during the leaded-gasoline era may be obligated both to reimburse past remediation expenditures and to fund the cleanup work that remains 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.