This property has operated as a service station since 1949, originally under the Summit Lake BP and Summit Lake Grocery names. Two underground storage tanks were removed in 1968 after the owner discovered the system was losing approximately 50 gallons of fuel per day. Replacement USTs installed in 1968 were themselves decommissioned in December 1993, when between 70 and 90 cubic yards of petroleum-contaminated soil were excavated and slated for disposal. Cleanup work is ongoing under the Standard Cleanup program. 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 traces directly to underground storage tanks installed in 1949 and 1968 — decades before occurrence-based CGL policies added effective pollution exclusions in 1986. The documented fuel losses of 50 gallons per day from the original tanks represent exactly the kind of gradual, ongoing release those pre-1986 policies were written to cover. Remediation costs already incurred — tank removals, soil excavation, contaminated-material disposal — and any further cleanup expenditures may be recoverable from historical carriers whose policies were in force during the years those tanks were leaking.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.