This property has served as a gasoline station since the 1930s, operating under at least three owners and most recently as a Texaco-branded fuel station and convenience store. Over 31,000 gallons of underground storage tank capacity have been removed across multiple phases of cleanup dating from the late 1980s through 2012–2013, along with contaminated soil excavation, groundwater dewatering and purging, and tank disposal. Cleanup is ongoing under the Standard Cleanup program, with natural biodegradation anticipated for remaining contamination in soil and groundwater. 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.
Gasoline-range petroleum contamination at this site originated from underground storage tanks installed and operated decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation cost trail here spans more than two decades — repeated UST removals, soil excavation, groundwater treatment, monitoring — and additional work remains ahead. Historical carriers who issued CGL policies during the site's pre-1986 operational window may be obligated to recover those documented cleanup expenditures and to fund the remediation still to come.
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.