This property operated as a gasoline service station — identified in aerial photographs as a Texaco station with pump islands and underground storage tanks — from approximately 1933 through the mid-1970s. Remedial excavation of petroleum-contaminated soil was carried out in 1995, along with the recovery of approximately 500 gallons of gasoline-impacted groundwater. Annual groundwater monitoring has been conducted from at least 1997 through 2005, with additional monitoring planned. Cleanup work at the site 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 property originated from fueling operations that began more than five decades before 1986, the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. The release has been characterized as historic, consistent with decades of UST operations at a retail gasoline station. Documented remediation expenditures — soil excavation, groundwater recovery, and years of ongoing monitoring — represent costs that historical carriers who issued CGL policies during the station's operating years may be obligated both to reimburse 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.