This property has operated as a gasoline service station since 1960, when the first generation of underground storage tanks was installed. Two major excavation events in 1990 and 1993 removed 26,500 gallons of UST capacity and 530 cubic yards of petroleum-contaminated soil. Groundwater monitoring has been ongoing since 1991, with natural degradation of contaminants observed in both soil and groundwater; a Model Remedy has been applied for site closure under the Voluntary Cleanup Program. The site currently operates as a 76 gas station with a mini mart and fueling station. 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 property originated from a previous generation of underground storage tanks installed in 1960 — twenty-six years before occurrence-based CGL policies ceased reliably covering pollution claims. The documented remediation expenditures — two rounds of tank removal, large-scale soil excavation, and over three decades of groundwater monitoring — were incurred to address releases directly tied to those pre-1986 operations. Because cleanup is still underway, historical carriers who issued CGL policies during the 1960-through-1986 operational window may be obligated both to reimburse past costs and to fund remaining remediation.
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.