This property was developed as a retail gasoline service station and service garage in 1956, operating with as many as five underground storage tanks and twelve fuel-dispensing pumps. The USTs were removed between 1983 and 1985, and cleanup activities under the Voluntary Cleanup Program have been ongoing since at least 1995 — including soil excavation with off-site disposal, on-site bioremediation, groundwater and LNAPL removal through enhanced fluid recovery, and soil vapor extraction. Quarterly groundwater monitoring continues. 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 originated from gasoline storage and dispensing operations that ran for nearly three decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, soil excavation, bioremediation, fluid recovery, vapor extraction, and decades of ongoing monitoring — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the 1956-to-1985 operational window may be obligated both to recover past cleanup costs and to fund the remediation 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.