This property has operated as a retail fuel station since 1970, with underground storage tanks installed as early as 1964 for dispensing petroleum products including leaded gasoline. Cleanup under the Voluntary Cleanup Program has included removal of six USTs and 1,540 cubic yards of contaminated soil, pumping of 84,000 gallons of affected groundwater from excavations and extraction of 6.4 million gallons from recovery wells, and operation of an SVE/bioventing system that removed 4,313 pounds of hydrocarbons over four years. Remediation and monitoring activities have spanned from 1989 through at least 2016, and the property continues to operate as an ARCO AM/PM retail fuel station and convenience store. 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 underground storage tanks installed decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The scale of documented remediation — six tank removals, thousands of cubic yards of soil excavation, millions of gallons of groundwater extraction, and years of vapor recovery — represents substantial expenditures tied directly to pre-1986 operations. Historical carriers who issued CGL policies during the station's early operational years may be obligated to recover those past cleanup costs and to fund the remediation 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.
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.