This property served as the location of two gas stations from the 1920s through the 1970s. Underground storage tanks and structures associated with those operations have since been removed, and groundwater monitoring wells installed in 1996 confirmed petroleum contamination in groundwater, with additional contamination suspected in soil. An independent cleanup action has been reported as completed, but the site remains in Ecology's Standard Cleanup program awaiting further remediation. 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 gas station operations that spanned roughly five decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The cleanup work still ahead of this site — whatever investigation, design, and remediation Ecology's Standard Cleanup program ultimately requires — represents costs that historical carriers who insured the operators during those pre-1986 decades may be obligated to fund. Policies written to cover the very operations that caused this contamination could be the mechanism to pay for resolving it.
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.