This property operated as an automotive service station as early as 1954, with underground storage tanks confirmed on site by 1966 — including an 8,000-gallon gasoline UST, a 5,000-gallon UST, a 550-gallon waste oil UST, six dispenser islands, and a lube bay. Petroleum contamination was discovered during UST removal in December 2003, prompting cleanup under the Standard Cleanup program that included excavation of approximately 1,469 tons of contaminated soil, pumping and offsite disposal of 10,000 gallons of contaminated groundwater, and enhanced bioremediation through injection points installed in late 2006. Quarterly groundwater monitoring continued through 2007, and cleanup work remains ongoing. 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 petroleum contamination at this site originated from underground storage tanks that were installed and operated for decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Documented remediation expenditures — UST removal, large-scale soil excavation, groundwater recovery, bioremediation, and multi-year monitoring — represent costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the station's long operational window may be obligated both to recover past cleanup costs and to fund the remediation work that lies 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.