This property has been in continuous commercial use since 1917, first as an automobile shop and then as a gasoline service station and fueling operation from 1930 through 2009. Contamination from historic underground storage tanks — one of which contained leaded gasoline — was first reported in 1992, triggering cleanup activities that have included multiple phases of UST and piping removal, excavation of approximately 800 cubic yards of soil in 1992 and 734 tons in 2009, extraction and disposal of 24,500 gallons of petroleum-impacted groundwater, application of oxygen release compound, and annual groundwater monitoring ongoing since 1994. Fueling operations ceased in 2009 when the most recent USTs and fueling system were decommissioned and removed. 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 that were installed and operated decades before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Over thirty years of documented remediation expenditures — tank removals, large-scale soil excavation, groundwater extraction, chemical treatment, and long-term monitoring — have been incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the site's operational window may be obligated both to recover past cleanup costs and to fund the remediation work that remains 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.