This property operated as an automotive service station from 1955 to 1993, housing seven underground storage tanks that stored leaded gasoline, unleaded gasoline, diesel fuel, and used oil. In May 1993, all seven USTs were excavated and removed, with petroleum hydrocarbon contamination discovered during the removal — soil generated during excavation was backfilled on site. The site is enrolled in Ecology's Standard Cleanup program, and cleanup 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.
Petroleum contamination at this property originated from underground storage tanks installed around 1955 and operated for nearly four decades — the entire span of the occurrence-based CGL era and well beyond. Carriers who wrote Commercial General Liability policies for the service station during the pre-1986 window issued coverage with no effective pollution exclusion under Washington law, and the documented releases from those tanks fall squarely within those policy terms. With cleanup started but not yet complete, both the remediation costs already incurred and those still ahead may be recoverable from historical insurers whose policies were in force when the contamination first occurred.
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.