This property operated as a gasoline station and convenience store in downtown Morton, Washington, with underground storage tanks dating to approximately 1965 — one of which was confirmed to be 29 years old at the time of a major release in 1994. In March 1994, approximately 3,200 gallons of leaded gasoline were released from a corroded UST, prompting emergency tank removal and excavation of 150 cubic yards of contaminated soil. Remediation from 1994 through 2019 included off-site hot-air vapor extraction, installation of an on-site vapor extraction system, and long-term groundwater monitoring and well maintenance. Cleanup work remains 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.
The petroleum contamination at this site originated from underground storage tanks installed around 1965 and operated continuously through the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — emergency response, tank removal, soil excavation, vapor extraction, and over two decades of groundwater monitoring — trace directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies to the operators during that window may be obligated both to reimburse costs already incurred and to fund the cleanup work that remains 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.