This property operated as a petroleum fuel dispensing facility — known as Petrocard — with multiple underground and aboveground storage tanks serving gasoline and diesel. Cleanup under the Standard Cleanup program has been extensive: sixteen USTs and ASTs were removed across campaigns in 1991 and 2001, more than 3,000 cubic yards of contaminated soil were excavated and treated via solid-phase methods, and groundwater remediation has included granular activated carbon treatment and a vapor extraction system. Remediation activities have spanned from 1991 through at least 2001 and remain 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.
Petroleum contamination at this site — TPH and BTEX compounds in soil and groundwater — is attributed to historical fuel storage and dispensing operations conducted with tanks installed well before 1986. Occurrence-based CGL policies in effect during that pre-1986 operational window carried no effective pollution exclusion under Washington law and remain enforceable today. The scale of documented remediation here — sixteen tank removals, thousands of cubic yards of soil excavation, groundwater treatment systems, and years of ongoing monitoring — represents substantial expenditures that historical carriers may be obligated both to reimburse and to continue funding.
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.