A gas station with underground storage tanks occupied a portion of this property from before 1948 until its removal between 1966 and 1970. Petroleum contamination linked to the former USTs was confirmed in the subsurface, triggering a release notification in 2001 and a remediation effort spanning at least a decade through 2011. The site remains in Awaiting Cleanup status under Ecology's 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.
The gasoline contamination at this property traces directly to underground storage tank operations that ended no later than 1970 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The property owner faces ongoing cleanup obligations rooted in releases that began decades before 1986, and historical carriers whose policies were in force during the gas station's operating years may be obligated to fund the remediation costs still ahead.
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.