This property operated as a Texaco-branded gasoline service station from approximately 1944 to 1987, with multiple underground storage tanks — including three 10,000-gallon USTs removed in 1985 and three 550-gallon gasoline tanks removed in 1996. Cleanup under the Standard Cleanup program has included contaminated soil excavation, treatment, and off-site disposal, along with product and rinsate recovery from the decommissioned tanks. Groundwater monitoring has been ongoing since at least 2011, with continued well purging and sampling to track petroleum-related contamination in soil and groundwater. 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.
Gasoline storage and dispensing operations at this site ran continuously for more than four decades before 1986, the year occurrence-based CGL policies ceased reliably covering pollution claims in Washington. The TPH-G, ethylbenzene, and xylenes contamination documented in soil and groundwater traces directly to those pre-1986 fueling operations and underground storage tanks. Remediation costs already incurred — tank removals, soil excavation and disposal, over a decade of groundwater monitoring — and costs still ahead represent expenditures that historical carriers who issued CGL policies during the 1944–1986 operational window may be obligated both to reimburse and to fund going forward.
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.