This property operated as Choi's Texaco and Minimart Station, a convenience store with gasoline dispensing served by underground storage tanks and fuel dispensers. Gasoline-range petroleum hydrocarbons and BTEX compounds were discovered in soil and groundwater in the late 1990s, triggering cleanup under the Standard Cleanup program. Remediation has included soil excavation in May 2000, multi-year groundwater monitoring from 1999 through 2013 and beyond, in-situ bioremediation via microbial injections, chemical treatment of wells with hydrogen peroxide, groundwater purging with off-site disposal, and installation of an infiltration gallery and asphalt cover. 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.
The petroleum contamination at this former gas station — widespread TPH and BTEX in soil and groundwater — is consistent with the kind of slow, cumulative release from underground storage tanks that predates 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. More than two decades of documented remediation expenditures — excavation, bioremediation, chemical treatment, long-term monitoring, and engineered containment — represent costs that historical carriers who insured the station's operations during the pre-1986 window 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.
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.