This property has operated as a retail fueling station since at least 1979, when four underground storage tanks were installed to serve gasoline and diesel dispensing operations. A leak discovered in 2007 beneath a fuel dispenser triggered remedial action under the Voluntary Cleanup Program, including excavation and removal of 3,500 tons of contaminated soil, removal of the four original USTs, recovery of 22,000 gallons of contaminated groundwater, and injection of 830 pounds of ORC-Advanced for in-situ biodegradation. The station remains active today, operating with replacement USTs, fuel dispensers, a car wash, and a 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.
Petroleum contamination at this site originated from underground storage tanks installed in 1979 — seven years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures — large-scale soil excavation, groundwater recovery, chemical injection, multi-year monitoring — represent costs tied directly to a release from those pre-1986 fueling operations. Historical carriers who issued CGL policies covering this station during that operational window may be obligated both to reimburse costs already incurred and to fund the ongoing cleanup work.
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.