The Lone Rock Grocery store and gasoline station has been operating since the early 1960s, with two 1,000-gallon underground storage tanks serving its fuel retail operations. In 1998, both USTs were removed and replaced with a single 4,000-gallon tank; excavation revealed gasoline-contaminated soil, and impacted water from the tank pit was treated and disposed of. The site remains under Independent Action with cleanup designated as started, indicating ongoing remediation since those 1998 activities. 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 gasoline contamination discovered at Lonerock Grocery traces directly to two underground storage tanks that served the station from the early 1960s through their 1998 removal — more than two decades of insured operations before the 1986 policy shift. The documented remediation costs here, including UST removal, contaminated soil excavation, and water treatment, are the kind of expenditures that occurrence-based CGL policies in force during those decades of tank operation were designed to cover. With cleanup still underway, historical carriers who insured the grocery and station during its pre-1986 fueling operations 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.