This property was developed as a gasoline service station in 1971, originally equipped with underground storage tanks for gasoline and waste oil, four dispenser islands, and a service garage with four hydraulic hoists. Remediation under the Voluntary Cleanup Program has spanned from 1992 through 2019 and included removal of four USTs and four hydraulic hoists, excavation of 1,500 tons of contaminated soil, operation of a soil vapor extraction system that recovered 640 pounds of hydrocarbons, dual-phase extraction, multiple in-situ chemical oxidation events, air sparge well installation, and ongoing groundwater monitoring. The property currently operates as an active 76 gasoline station, Starbucks coffee shop, and grocery mart with three 12,000-gallon USTs and four dispenser islands. 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 installed in the early 1970s — more than a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The remediation expenditures documented here — large-scale soil removal, vapor extraction, chemical oxidation, air sparging, and nearly three decades of groundwater monitoring — were incurred to address releases from those pre-1986 fuel storage operations. Historical carriers who issued CGL policies during the 1971-to-1986 operational window may be obligated both to recover past cleanup costs and to fund the remediation work that remains.
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.