This property has operated as a gas station and convenience store in Seattle's King County, with contamination first reported in 1991. Cleanup activities spanning more than two decades have included excavation of a 1,000-gallon used oil underground storage tank and 10–15 cubic yards of impacted soil, removal of garage hoists and trenching in contaminated areas, and groundwater treatment through hand-bailing and an automated product recovery system that removed at least 865 gallons of free product and impacted groundwater by 1994. A soil vapor extraction pilot test was conducted in 1995 and two SVE wells were installed in 2005; cleanup work remains ongoing, and the site continues to operate as a gas station and convenience store. 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 presence of an 8,000-gallon leaded gasoline underground storage tank at this site places fuel-dispensing operations squarely in the pre-1986 era, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum contamination documented here — free product in groundwater, impacted soil, vapor-phase hydrocarbons — is the direct legacy of those decades of pre-1986 fueling operations. More than twenty years of remediation expenditures have already been incurred, with cleanup still underway, and historical carriers who issued CGL policies during the period of contamination may be obligated both to reimburse past costs and to fund the remaining work.
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.