This property has operated as a petroleum fuel dispensing station since 1963, currently functioning as an unmanned Pacific Pride card-lock facility with two fuel islands, a satellite fuel island, a fuel loading rack, and three underground storage tanks storing gasoline and diesel. Cleanup activities have included the excavation and removal of approximately 200 tons of petroleum-impacted soil and a multi-year groundwater monitoring and extraction program conducted from 2006 to 2010, supplemented by natural attenuation. Groundwater monitoring ceased after cleanup goals were met, though the site remains 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.
Petroleum contamination at this property originated from fueling infrastructure — underground storage tanks and dispensing equipment — installed and operated continuously since 1963, more than two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures — soil excavation, groundwater extraction, and years of monitoring — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the 1963-to-1986 operational window may be obligated both to recover costs already spent and to fund any remaining cleanup obligations.
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.