This property operated as a retail fuel station for many years prior to its closure, with four underground storage tanks located on the southwest corner of the site. Gasoline contamination — TPH-Gx and BTEX — was confirmed in soil near the USTs in 1988, and Ecology was notified of a confirmed release in December 1989. Cleanup under the Standard Cleanup program has included soil excavation, removal of 10,500 gallons of underground storage tank capacity, and installation of a groundwater treatment system comprising recovery wells, trenches, pumps, and a surface treatment tank that operated from at least 1989 through 1998, with remediation assessment continuing as late as 2011. 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.
The petroleum contamination at this site originated from underground storage tanks that were in service well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. More than two decades of documented remediation expenditures — tank removals, soil excavation, groundwater recovery and treatment, and ongoing monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the station's operating years may still be obligated to recover those cleanup costs and to fund any remediation work that remains.
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.