This property operated as a retail gasoline service station from 1946 until August 2001, when underground storage tanks were removed along with 1,898 tons of contaminated soil. Cleanup has continued under the Voluntary Cleanup Program since 2006 and includes air sparge and soil vapor extraction systems installed in 2003, monthly operation and maintenance, quarterly groundwater monitoring through at least 2009, and a concrete containment cap. The former station is no longer in operation. 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.
Petroleum contamination at this property traces to gasoline storage and dispensing operations that began in 1946 — four decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures — large-scale soil excavation, UST removal, years of active groundwater treatment and vapor extraction, and long-term monitoring — were incurred to address releases tied directly to those pre-1986 operations. With cleanup still underway, historical carriers who issued CGL policies during the station's 40-year pre-1986 operating window may be obligated both to recover past costs and to fund the remaining remediation.
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.