This property has operated as a fuel service station since at least 1933, evolving into today's active gasoline service station and car wash with three dispenser islands and four underground storage tanks. In 1989, seven older USTs were removed along with 1,200 cubic yards of petroleum-contaminated soil — several of the removed tanks were found to have holes. The site is currently enrolled in the Voluntary Cleanup Program and undergoing a multi-year remedial investigation and feasibility study, with quarterly groundwater monitoring, vapor intrusion evaluation, and terrestrial ecological evaluation in progress. 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 fuel storage and dispensing operations that began more than five decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation expenditures — UST removals, large-scale soil excavation, and years of groundwater monitoring — along with the ongoing costs of the current remedial investigation and feasibility study represent obligations the historical carriers may be required both to reimburse and to fund going forward.
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.