This property operated as a branded gasoline service station with underground storage tanks and fuel dispenser islands. Cleanup under the Voluntary Cleanup Program has included UST removal in 2010, decommissioning of vapor probes and monitoring wells between 1991 and 2013, and ongoing semi-annual groundwater monitoring with associated waste disposal from 2015 to the present. Remediation data spanning more than two decades documents persistent petroleum contamination, and 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.
Groundwater beneath this property contains petroleum hydrocarbons and lead — a direct marker of leaded gasoline use, which was phased out well before 1986. That timeline places the origin of contamination squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. More than two decades of documented remediation expenditures — tank removal, well decommissioning, long-term monitoring — represent costs that historical carriers who insured the station's operators during the pre-1986 window may be obligated both to recover 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.