This property was previously operated as a gasoline service station, with the main building constructed in 1964. In February 1990, six to eight underground storage tanks, fuel dispensers, and associated piping were removed from the site, and contaminated soil was discovered during that work — 830 cubic yards of impacted soil were excavated. Groundwater remediation has been ongoing since 1990 and has included installation of monitoring and vapor extraction wells, free product removal through pumping and bailing, passive skimmers, and continuous groundwater monitoring. 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 property originated from underground storage tanks that served a gas station operating from at least the mid-1960s — more than two decades before 1986, when occurrence-based CGL policies still carried no effective pollution exclusion in Washington. The site's remediation costs — tank removal, large-scale soil excavation, vapor extraction, free product recovery, and over three decades of groundwater monitoring — represent expenditures the historical carriers who issued policies during that pre-1986 operational window may be obligated both to reimburse and to fund as cleanup continues.
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.