This property has operated as a gasoline service station — known as Bob's Texaco and Erker's Texaco Service, Repair and Storage — with four gasoline underground storage tanks totaling 22,000 gallons and an additional heating oil UST. Cleanup activities from 1990 through at least 2011 included decommissioning the gasoline USTs in 1990 and the heating oil UST in 2005, along with excavation of approximately 200 cubic yards of petroleum-contaminated soil from around the former tank areas and pump islands. The site remains an operational service station and is currently awaiting further cleanup 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 originated from underground storage tanks that were in service well before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion in Washington. The site's documented remediation history — multiple UST removals, soil excavation, and over two decades of cleanup activity — has already generated significant costs, and with the site still awaiting further cleanup, additional expenditures lie ahead. Historical carriers whose CGL policies were in effect during the decades these tanks were operating may be obligated 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.