This property operated as a gasoline service station and towing service from approximately 1925 through at least 1996, with underground storage tanks installed across multiple generations — including a set placed in 1961 and five additional gasoline USTs commissioned in November 1976. Six tanks were ultimately decommissioned and removed during cleanup events in 1991 and 1994, along with excavation and removal of an estimated 350 to 2,000 cubic yards of contaminated soil and on-site soil aeration. Petroleum hydrocarbons, BTEX compounds, and MTBE have been identified in soil and groundwater, and remediation planning for further work remains 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.
Fuel storage and dispensing operations at this site began more than six decades before 1986, and the contamination confirmed in soil and groundwater traces directly to leaking underground storage tanks that were in service throughout that pre-1986 window. Occurrence-based CGL policies issued to the station's successive operators during those decades carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation costs already incurred — multiple tank removals, large-scale soil excavation, aeration — and the additional cleanup work still ahead represent expenditures the historical carriers 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.