This property operated as a commercial gasoline station and automobile service station from 1956, with underground storage tanks installed as early as 1964. Gulf and Fletcher operated the station before Avis Car Rentals took over the site prior to 1976. Cleanup activities began in 1989 under the Standard Cleanup program and have included removal of two underground storage tanks (5,000-gallon and 500-gallon), excavation of approximately 49 cubic yards of petroleum-impacted soil, and pumping and skimming of roughly 600 gallons of oil and water from groundwater. The project remained active through at least 2011, with ongoing monitoring and groundwater management. 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 — diesel, gasoline, and benzene — traces directly to underground storage tanks installed and operated during the property's decades as a commercial gas station, beginning in 1956 and continuing through the mid-1970s. Occurrence-based CGL policies issued to the station operators during that pre-1986 window carried no effective pollution exclusion under Washington law. The documented remediation costs already incurred — tank removals, soil excavation, groundwater recovery, and more than two decades of monitoring — represent expenditures the historical carriers may be obligated both to reimburse and to continue funding as cleanup work proceeds.
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.