This property has operated as a retail fueling station since the facility was built in 1964, with underground storage tanks — including a 12,000-gallon leaded gasoline tank — installed in 1983. A gasoline release was identified in 1988, triggering cleanup under the Voluntary Cleanup Program that has spanned more than two decades. Remediation has included UST-related soil excavation, recovery of approximately 150 gallons of free-product gasoline, soil vapor extraction and air sparging systems operated between 1994 and 2001 that removed an estimated 1,100 pounds of petroleum hydrocarbons, and ongoing groundwater monitoring since the early 1990s. The station remains in active commercial use as a fueling facility with a car wash. 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 traces to underground storage tanks that were installed and operating well before 1986, at a facility built in 1964 and operated by Mobil through 1989. Occurrence-based CGL policies issued during that pre-1986 operational window carried no effective pollution exclusion under Washington law and remain enforceable today. More than two decades of documented remediation expenditures — product recovery, vapor extraction, air sparging, and long-term monitoring — represent costs that historical carriers who covered this facility during the contamination period may be obligated both to reimburse and to fund as cleanup continues.
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.