This property operated as a gasoline service station since the late 1940s, with underground storage tanks containing gasoline and diesel fuel. Cleanup under the Voluntary Cleanup Program included UST removal in 1991, excavation of 139 cubic yards of petroleum-contaminated soil in 2008, groundwater monitoring since 2003, enhanced bioremediation from 2006 to 2011, and air sparging from 2010 to 2012. Additional soil assessment and waste management were conducted in 2013, though the multi-year VCP effort was ultimately terminated due to financial challenges. 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 to underground storage tanks installed and operated decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, soil excavation, years of bioremediation and air sparging, and long-term groundwater monitoring — represent costs tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the station's early decades of operation may still be obligated to recover past cleanup costs and fund the remaining remediation this site requires.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.