This property operates as an active retail gasoline station and convenience store, currently selling unleaded gasoline from three underground storage tanks. Soil vapor extraction remediation has been underway since 2016, with a full-time SVE system operating from 2022 that has removed over 6,100 pounds of petroleum hydrocarbons. Groundwater purging and sampling activities have been conducted alongside the vapor extraction work, and future plans include confirmation soil sampling and potential SVE system modifications. Detection of total lead in both historical and recent groundwater samples points to legacy operations involving leaded gasoline — a fuel substantially phased out before 1986. 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 lead contamination detected at this site ties the petroleum release to operations conducted during the era of leaded gasoline, well before 1986 — when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Years of documented remediation expenditures, including multiple SVE campaigns and a full-time extraction system that has recovered thousands of pounds of hydrocarbons, represent costs that historical carriers who covered the station during its leaded-gasoline operations may be obligated both to reimburse and to fund as cleanup continues.
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.