This property operated as a gasoline service station from as early as 1919, when a 280-gallon underground storage tank was first reported, and was running with at least four USTs by 1944. Cleanup under the Voluntary Cleanup Program has included UST removal, contaminated soil excavation, closure-in-place of an adjacent UST with gasoline removal and concrete backfill, and in-situ remedial injections using a permeable reactive barrier with BOS 200®. Performance monitoring is ongoing, and the former station has since been redeveloped as Reuben A. Knoblauch Heritage Park. 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.
Gasoline storage and dispensing at this property began decades before 1986, with underground storage tanks in place as early as 1919 and a confirmed release identified during UST removal in 1991. Occurrence-based CGL policies issued to the station's operators during that long pre-1986 window carried no effective pollution exclusion under Washington law. The remediation costs already incurred — tank removals, soil excavation, reactive-barrier installation, ongoing monitoring — and future cleanup alternatives still under consideration represent expenditures that historical carriers may be obligated both to recover 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.