This property operated as a gasoline station and car wash since at least the 1920s, with nine underground storage tanks storing petroleum products on site. A confirmed release of petroleum from those USTs was noted in 1991, triggering a multi-year investigation and monitoring effort under the Standard Cleanup program. The nine tanks were excavated and removed in 2003. Soil sampling confirmed lead contamination associated with the historical fueling operations, and the property is currently vacant with cleanup work 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 site originated from fueling operations that began more than six decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation costs — tank excavation, soil investigation, and years of monitoring since 1991 — were incurred to address releases tied directly to those pre-1986 operations. Because cleanup is still underway, historical carriers who issued CGL policies during the site's long operational window may be obligated both to recover past expenditures and to fund the remediation ahead.
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.