This property operated as a gasoline service station from the late 1920s through approximately 1980, with four gasoline underground storage tanks ranging from 1,000 to 2,500 gallons in capacity, a 110-gallon used oil UST, pump islands, and product lines serving a sales and service building. The site was later redeveloped as a Key Bank branch. Cleanup activities to date have been limited — drilling in 1997 generated contaminated soil cuttings requiring disposal, and as of 2003 no further remedial work had been performed, with the site owner seeking agreements with Ecology for future remediation. Cleanup remains in progress under the Standard 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 property stems from underground storage tanks and fueling infrastructure that operated for roughly five decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The long operational window — from the late 1920s through 1980 — means multiple generations of CGL policies may have been in force while the contamination was occurring. With remediation still incomplete and future cleanup costs yet to be incurred, historical carriers who insured the station's operators during that pre-1986 period may be obligated both to recover past expenditures and to fund the work 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.