This property served as a gasoline service station and automotive service center — operated by JC Penney and later Firestone — from 1969 through 1983, dispensing gasoline from underground storage tanks and performing vehicle service work including oil changes. Cleanup activities between 1984 and 1996 included the removal of multiple USTs for gasoline, waste oil, and hydraulic oil, along with excavation of approximately 242 cubic yards of petroleum-contaminated soil. Additional heating-oil USTs were removed in the 1980s and 1990s, and an interim action to address a diesel plume was reported in 2000. Remediation work at the site is 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.
Gasoline-range petroleum contamination at this property originated from underground storage tanks that were installed and operated from 1969 through 1983 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. More than a decade of documented remediation expenditures — UST removals, soil excavation, and diesel-plume response — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover costs already spent and to fund the cleanup work that remains.
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.