This property operated as a gasoline station with two 1,000-gallon underground storage tanks, a dispenser island, and associated piping on its east side. In 1999, the UST system was removed under the Voluntary Cleanup Program along with excavation of 172 tons of petroleum-contaminated soil; investigation-derived waste including impacted soil and water has been managed and disposed of off-site. Site monitoring activities have continued since 1999, and cleanup work remains ongoing. 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 contamination at this property is tied directly to a gasoline UST system that predates 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Documented remediation expenditures — tank and dispenser removal, excavation of 172 tons of contaminated soil, and more than two decades of ongoing monitoring — represent costs that historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to reimburse and to continue funding as cleanup proceeds.
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.