This property formerly operated as Meridian Tire Service, with underground storage tanks used for fuel dispensing. Petroleum-contaminated soil was discovered on site, with gasoline-range TPH measured at 530 mg/kg and benzene at 1.0 mg/kg — both exceeding cleanup levels — and chromatographic analysis indicating extremely weathered gasoline and lube oil from the historical USTs. Remediation has included multiple phases of soil removal beginning in October 2007, culminating in the excavation of 270 cubic yards of contaminated soil in August 2008 for offsite thermal desorption treatment. The site is listed in the state's Leaking Underground Storage Tank database and cleanup work remains ongoing under the Standard Cleanup program. 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 petroleum contamination at this property originated from historical underground storage tanks that were installed and operated well before modern UST regulations took effect — placing their use squarely in the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs already incurred — multi-phase soil excavation, offsite thermal treatment, and continued oversight — represent expenditures that historical carriers who issued CGL policies during the period of UST operations may be obligated both to reimburse and to fund as cleanup continues.
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.