This property has operated as a retail gasoline station and convenience store since at least 1951, with underground storage tanks installed in 1978 to support fuel dispensing. In 1995, four USTs were removed along with 739.29 tons of petroleum-contaminated soil, and in 2015 an additional 800 gallons of wastewater and sludge were pumped from catchbasins and an oil/water separator. Three USTs remain operational at the site today — two gasoline tanks and one split diesel/gasoline tank — and multi-year compliance monitoring is planned as part of ongoing cleanup under the Voluntary Cleanup Program. 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 fuel storage and dispensing operations that began more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation costs — tank removals, excavation of over 700 tons of contaminated soil, wastewater recovery, and the compliance monitoring still ahead — represent expenditures that historical carriers who issued CGL policies during that pre-1986 operational window may be obligated both to reimburse and to fund going forward.
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.