This property operated as an Exxon gasoline service station prior to 1992, equipped with a station building, two pump islands, and six underground storage tanks — four gasoline USTs totaling 20,000 gallons, a 500-gallon fuel oil UST, and a 500-gallon used oil UST. Contamination was discovered in 1991, and cleanup under the Voluntary Cleanup Program spanned three decades, including UST removal, excavation of at least 30 cubic yards of contaminated soil, and installation of an Air Sparge/Soil Vapor Extraction system that operated until 2012 and recovered 1,335 pounds of hydrocarbons. Groundwater monitoring with recovery wells continued through the termination of the VCP agreement in January 2021. 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 petroleum contamination at this site originated from underground storage tanks whose age — consistent with installation prior to 1968 — and the investigation of leaded gasoline as a contaminant both place the release squarely in the era of occurrence-based CGL policies with no effective pollution exclusion. Three decades of documented remediation expenditures — tank removal, soil excavation, vapor extraction, and long-term groundwater monitoring — were incurred to address releases tied to those pre-1986 operations. With cleanup started but not yet concluded, historical carriers who issued CGL policies during the station's operating years may be obligated both to reimburse past costs and to fund 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.