This property operated as the Astro #745 Minit Mart, a convenience store and gasoline fueling station equipped with underground storage tanks and fuel dispensers serving the public. The UST system consisted of single-wall steel tanks that required retrofit in 1997 to meet federal compliance deadlines — indicating the tanks had been in service well before 1988. Cleanup activities initiated in November 1997 have included excavation of approximately 160 tons of contaminated soil, free-product recovery from groundwater, pumping of nearly 11,000 gallons of impacted water, and operation of an air sparging and soil venting system, with groundwater monitoring continuing through at least May 2013. 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 single-wall steel underground storage tanks whose age and construction place them squarely in the pre-1986 era, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. More than fifteen years of documented remediation expenditures — soil excavation, free-product recovery, groundwater pumping, air sparging, and long-term monitoring — were incurred to address releases tied to those historical operations. The carriers who issued CGL policies while those tanks were in service may be obligated to reimburse past cleanup costs and to fund the 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.