The South Park 76 site is a current gasoline station in Seattle's South Park neighborhood with a contamination history dating to at least 1993, when the property was placed on Ecology's Leaking Underground Storage Tank list. Prior to 1995, approximately 200 cubic yards of petroleum-impacted soil were excavated and removed; additional remedial excavation occurred in 1995 when the underground storage tanks were relined, with impacted soil disposed of offsite. The site has operated under successive operators including an Arco station and a 76 station, and it remains in the Standard Cleanup program awaiting further remediation. 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 petroleum contamination at this site — gasoline constituents including benzene, toluene, ethylbenzene, and xylenes — originated from underground storage tanks that were already old enough to require relining by 1995, placing their installation and the onset of leaking squarely in the pre-1986 era when occurrence-based CGL policies carried no effective pollution exclusion. With the site still awaiting cleanup beyond the initial soil removals, the property owner faces ongoing investigation and remediation costs that historical carriers whose policies were in force during the tanks' early operating years may be obligated 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.