This property operated as a service station with underground storage tanks installed in the late 1950s or early 1960s, dispensing gasoline alongside the K&M Grocery & Deli through approximately 1989. Cleanup under the Voluntary Cleanup Program has included the removal of at least five underground storage tanks and excavation of over 392 tons of contaminated soil between 2010 and 2015, with long-term groundwater monitoring anticipated for at least five additional years to verify contaminant reduction and compliance with cleanup standards. 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 site originated from underground storage tanks installed decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs — tank removals, large-scale soil excavation, and years of ongoing groundwater monitoring — stem directly from releases tied to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the station's operational window may be obligated both to recover past cleanup expenditures and to fund the monitoring and any further remediation still 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.