This property has operated as a service station since at least 1935, when the facility structure was built, with a tire shop and other commercial businesses also occupying the site over the decades. In 1993, three underground storage tanks — two gasoline USTs (1,000-gallon and 500-gallon) and one 1,000-gallon waste oil UST — were decommissioned and removed, and suspected contaminated soil was discovered near a damaged sewer line during the excavation. The site is enrolled in the Standard Cleanup program, and cleanup work is ongoing. 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.
Gasoline-range hydrocarbon contamination at this property traces to underground storage tanks that served a service station operating for decades before 1986. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation costs — UST removal, contaminated soil management, and the cleanup work still ahead — represent expenditures that historical carriers may be obligated 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.