This property has operated as a store with gas pumps since at least 1977, when two 1,000-gallon underground storage tanks for leaded and unleaded gasoline were installed to replace even older tanks. Groundwater contamination from the USTs was confirmed in 1990, and the site was listed on the Confirmed and Suspected Contaminated Sites List as a Leaking Underground Storage Tank site in 1995. Cleanup has included removal of the two USTs in 1995, excavation and stockpiling of impacted soil, and installation of new tank systems; further assessment was recommended and cleanup work remains 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.
Petroleum contamination at this site traces to underground storage tanks that were in service well before 1986 — the 1977 tanks themselves replaced older infrastructure, pushing the operational timeline back further still. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures to date — tank removals, soil excavation, site assessment — along with the cleanup costs still ahead represent obligations that historical carriers may be required to fund.
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.