This property at 310 East Pioneer Street operated as a Mobile service station before being demolished around 1975, with its underground storage tanks removed approximately four years later. The Montesano Fire Department subsequently occupied the site and installed its own fuel tanks in 1978. Cleanup activities in 1995 included removing two 285-gallon underground storage tanks, associated pumps and piping, and excavating contaminated soils to a depth of 19 feet; recovered fuel was reprocessed and excavated soils were stockpiled for bioremediation. As of 2013 the site remains on Ecology's list for further testing and possible cleanup. 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 property traces to two distinct pre-1986 operations — a Mobile service station that dispensed fuel to the public for years before its 1975 demolition, and fire-department tanks installed in 1978 — meaning any CGL policies in force for either operator during those specific windows would have been occurrence-based forms with no effective pollution exclusion. The remediation costs already incurred here, from deep soil excavation to tank removal to ongoing bioremediation, plus whatever further cleanup Ecology requires, represent expenditures those historical carriers may be obligated both to reimburse 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.