This property has operated as a gasoline service station since 1965, with first-generation underground storage tanks — including a 6,000-gallon leaded gasoline UST — installed in 1964 and 1965. Petroleum contamination was discovered during UST removals in 1992, prompting cleanup under the Voluntary Cleanup Program that has included excavation of approximately 1,400 cubic yards of impacted soil, treatment of over one million gallons of groundwater through LNAPL recovery, extraction, air stripping, and carbon adsorption, and operation of an air sparge/soil vapor extraction system that removed 1,550 pounds of hydrocarbons. The property remains in active commercial use today as a service station with convenience store. 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.
The gasoline releases at this site originated from underground storage tanks installed and operated beginning in 1964 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The scale of documented remediation expenditures here is substantial: multiple UST removals, large-volume soil excavation, over a million gallons of groundwater treated, and years of vapor extraction and monitoring under an ongoing cleanup. Historical carriers who wrote CGL policies covering this station during its first two decades of operation may be obligated both to recover costs already incurred 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.