This property served as a mechanic's shop from 1914 to 1928 and then as a gasoline station from 1928 through 1963, with underground storage tanks, vent lines, and product piping supporting fuel dispensing operations over that period. Soil sampling confirmed total petroleum hydrocarbon concentrations as high as 4,300 mg/kg, along with gasoline, benzene, and xylene contamination. Remedial work under the Standard Cleanup program included excavation of approximately 1,738 tons of petroleum-affected soil in March 1992, followed by over-excavation and installation of a groundwater recovery trench in April 1992, with multi-year assessment and monitoring continuing from 1991 through at least 1995. Cleanup work is ongoing. 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 directly to gasoline station operations that began in 1928 and ran for thirty-five years — ending more than two decades before the 1986 threshold after which CGL policies effectively excluded pollution claims. Occurrence-based Commercial General Liability policies issued to the operators during that mid-century window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures — large-scale soil excavation, groundwater recovery infrastructure, and years of monitoring — represent costs that historical carriers may be obligated both to reimburse and to continue funding as cleanup proceeds.
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.