This property operated as a gasoline filling station from 1964 through 2006, equipped with one 10,000-gallon and two 12,000-gallon underground storage tanks used to store gasoline. Operators during the pre-1986 period included Gulf Oil, Astro Oil, and Gull Industries, with a dedicated fueling area operational from 1964 to 1985. Following UST decommissioning and removal in 2006, remediation under the Voluntary Cleanup Program has included a soil vapor extraction pilot test in 2008, a follow-up SVE pilot with air injection and extraction in 2009, and an in-situ chemical oxidation pilot test in 2013. 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 and associated piping and dispensers that were in continuous use for more than two decades before 1986 — the year occurrence-based CGL policies stopped reliably covering pollution claims in Washington. The documented remediation costs — tank removal, vapor extraction, chemical oxidation, and a multi-year cleanup program still in progress — trace directly to releases from those pre-1986 fueling operations. Historical carriers who issued CGL policies to the operators during the 1964–1985 window may be obligated both to recover past cleanup expenditures and to fund the remediation that remains ahead.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.