The Maxi Mini Mart property in Cosmopolis operated as a gasoline service station with three 5,000-gallon underground storage tanks that were already in operation when the owners took possession in 1978. Cleanup activities from 1993 to 1995 included the removal and decommissioning of all three USTs, excavation of approximately 300 tons of petroleum-contaminated soil from beneath the fuel island, canopy, and fueling area, and on-site soil remediation. Documented costs for soil remediation, dirt removal, and disposal exceeded $15,000, and cleanup work remains ongoing under a Standard Cleanup designation. 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 already dispensing fuel before 1978, placing the onset of operations — and the weathered contamination those tanks produced — squarely within the era when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The documented remediation expenditures exceeding $15,000 for tank removal, soil excavation, and on-site treatment represent costs directly traceable to those pre-1986 tank operations. Historical carriers who covered the fueling operation during the 1970s and early 1980s may be obligated both to recover past cleanup costs and to fund the remediation still underway.
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.