This property was redeveloped as a gasoline service station in 1965, with six underground storage tanks installed by 1969 for gasoline, waste oil, and heating oil storage. A petroleum release was reported in 1990, and cleanup under the Voluntary Cleanup Program has included the removal of nine USTs and approximately 900 cubic yards of petroleum-impacted soil. Groundwater treatment using oxygen release compound (ORC) socks and quarterly groundwater monitoring are ongoing as part of a multi-year remediation project. A fueling service station continues to operate on the property. 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 installed and operated starting in 1965 — more than two decades before occurrence-based CGL policies ceased reliably covering pollution claims. The documented remediation expenditures — nine tank removals, large-scale soil excavation, groundwater treatment, and years of quarterly monitoring — trace directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the 1965–1986 operational window may be obligated both to recover past cleanup costs and to fund the remediation work 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.
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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.