This property has operated as an ARCO gasoline service station since 1964, with underground storage tanks dispensing regular, unleaded, and supreme unleaded gasoline. Petroleum impacts were identified in 1989, prompting removal of three 15,000-gallon and one 500-gallon USTs in 1990, excavation and vapor extraction treatment of 1,650 cubic yards of impacted soil, and operation of an Air Sparging/Soil Vapor Extraction system from 1993 to 2005 that removed 205 pounds of VOCs and recovered 5,495 gallons of contaminated liquid. In-situ sulfate solution injection was conducted between 2011 and 2013, and groundwater monitoring has been ongoing since 1992. The station remains in active operation with four replacement 10,000-gallon USTs installed after the original tank removal. 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.
Contamination at this site — petroleum hydrocarbons and lead consistent with decades of leaded gasoline storage — originated from fueling operations that began twenty-two years before 1986, when occurrence-based CGL policies were standard and carried no effective pollution exclusion in Washington. More than three decades of documented remediation expenditures — tank removals, large-scale soil excavation, twelve years of vapor extraction, sulfate injection, and continuous groundwater monitoring — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during that window may be obligated both to recover past cleanup costs and to fund the remediation work that continues today.
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.