This property operated as a Texaco gasoline service station from 1941 through 1997, with underground storage tanks for gasoline and diesel installed as early as 1956. Cleanup activities have included the excavation and removal of five USTs and 510 cubic yards of petroleum-contaminated soil in 1995, followed by on-site biological treatment of stockpiled soils from June through August 1996 — after which 460 cubic yards were disposed off-site and 50 cubic yards were re-used on-site. Groundwater monitoring wells were installed in 1995, with sampling conducted in 1995, 1996, and 2011 as natural attenuation continued over 15 years. The former station is no longer in operation. 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 underground storage tanks that were installed and operated for decades before 1986 — some containing leaded gasoline, a definitive pre-1986 indicator. Occurrence-based CGL policies issued to the operators during that window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures — tank removal, soil excavation, biological treatment, off-site disposal, and over fifteen years of groundwater monitoring — represent costs the historical carriers may be obligated both to recover 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.