This property operated as a Texaco gasoline service station from at least 1947 through 1976, with underground storage tanks installed as early as 1955 and gasoline USTs removed in 1978. Contamination from those decades of fueling operations was discovered in 1994, prompting extensive cleanup under the Standard Cleanup program: removal of remaining USTs and a dry well, excavation of approximately 125 cubic yards of petroleum-contaminated soil, and disposal of at least 1,500 gallons of contaminated water and five drums of sludge. Monitoring wells were installed and the site was backfilled; cleanup work is ongoing. The property is now occupied by an automobile detailing business. 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 traces directly to gasoline storage and dispensing operations that began nearly four decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, large-scale soil excavation, contaminated water and sludge disposal, monitoring well installation — were incurred to address releases tied to those pre-1986 operations. Historical carriers who issued CGL policies to the operators during the 1947-to-1976 Texaco tenure may be obligated both to recover costs already spent and to fund the cleanup work that remains.
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.