This property was developed as a retail gasoline service station and automobile repair facility in 1950, equipped with underground storage tanks and two fuel dispenser islands, and operated through 1972. Gasoline-range petroleum hydrocarbons and lead have been identified in soil and groundwater as a result of those operations. Cleanup under the Voluntary Cleanup Program has included removal of underground storage tanks from both the main property and an adjacent parcel, installation of remediation wells, and operation of a pump-and-treat system, with periodic groundwater monitoring ongoing since 1999. 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 contamination at this property traces directly to gasoline storage and dispensing operations that ran for more than two decades entirely before 1986 — the period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The presence of lead in soil and groundwater independently confirms pre-1986 origins, as leaded gasoline was phased out during that same era. Documented remediation expenditures — tank removals, well installation, pump-and-treat operations, and decades of monitoring — represent costs that historical carriers who insured these operations may be obligated both to reimburse and to continue funding.
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.