Skagit Farmers Supply has operated at this Burlington property since 1969, functioning as both a farm supply store and fueling station. Three 8,000-gallon underground gasoline storage tanks were installed in November 1976 and removed in January 1992 after a confirmed release of gasoline to soil. Cleanup under the Standard Cleanup program has included excavation of approximately 400 cubic yards of contaminated soil, with the excavated material remediated off-site through land farming over several years. The cleanup remains underway. 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 gasoline contamination at this site traces directly to underground storage tanks installed in 1976 and operated through 1992 — squarely within the era when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The scale of remediation already performed — a 400-cubic-yard soil excavation, years of off-site land-farming treatment, and site regrading with clean fill — represents substantial past expenditures tied to those pre-1986 operations, and with cleanup still underway, additional remediation costs may yet accrue. Historical carriers whose policies were in force during the 1976–1986 window may be obligated both to reimburse the cleanup costs already incurred and to fund the remaining work 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.