This property operated as a Texaco gasoline service station from at least 1964 through 1995, with four 6,000-gallon gasoline underground storage tanks, fuel oil and waste oil tanks, two pump islands, and hydraulic hoists on site. Contamination was discovered during a pre-UST closure investigation in 1995, and cleanup under the Standard Cleanup program has included removal of five underground storage tanks and associated infrastructure, overexcavation of impacted soil with approximately 500 cubic yards of backfill, dewatering of 15,000 gallons of groundwater from the UST cavity, and off-site disposal of additional contaminated groundwater. The station is now inactive. 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 operating as early as 1964 — more than two decades before occurrence-based CGL policies ceased covering pollution claims. The documented remediation expenditures here — tank removals, soil excavation, groundwater recovery, and monitoring well abandonment — represent costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies to the station's operators during that window may be obligated both to reimburse 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.