This property operated as a gasoline service station with underground storage tanks for both gasoline and diesel fuel. The USTs were removed in January 1991, and environmental cleanup was conducted to mitigate petroleum-contaminated soil and groundwater. Residual contamination tied to the former USTs was identified during subsequent investigations in the 2000s, and cleanup work at the site 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.
The petroleum contamination here originated from underground storage tanks that served a fueling operation well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion under Washington law. Documented remediation expenditures — tank removal, soil and groundwater cleanup, and continued investigation of residual contamination — represent costs that historical carriers may be obligated both to recover 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.