This property was built as a Mobil Service Station in 1950, equipped with four underground storage tanks — a 5,000-gallon, a 3,000-gallon, and a 2,000-gallon tank holding gasoline, plus a waste oil UST. Cleanup under the Voluntary Cleanup Program has spanned from 1989 through at least 2016, including closure in place and removal of multiple USTs and a dispenser island, pumping of 288 gallons of wet oil from the waste oil tank, monitoring well installation, and management of investigation-derived waste. Cleanup work is 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 originated from underground storage tanks installed in 1950 — more than three decades before occurrence-based Commercial General Liability policies began excluding pollution claims. The documented remediation costs stretching across nearly three decades of cleanup activity, from tank closures and soil management to long-term groundwater monitoring, represent expenditures that historical carriers who insured the station during its pre-1986 operations may be obligated both to reimburse and to fund going forward.
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.