This property operated as ARCO Station No. 6199, a gasoline service station at 125 South Samish Way in Bellingham. Gasoline constituents — including benzene, toluene, ethylbenzene, xylenes, MTBE, and total lead — have been detected in groundwater, with monitoring and sampling records extending back to at least 1992. Cleanup under the Voluntary Cleanup Program has included groundwater treatment through injection wells, soil vapor extraction, and extensive multi-year groundwater monitoring; many of the original wells were abandoned around 2014 and replaced with new monitoring wells in 2015, reflecting ongoing remediation phases. 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 total lead in groundwater samples from the early 1990s points directly to leaded gasoline operations — a product phased out of regular retail sale by 1986 — establishing that contamination originated during the era when occurrence-based CGL policies carried no effective pollution exclusion. Decades of documented remediation expenditures at this site — injection-well treatment, vapor extraction, well installation and abandonment, and long-term monitoring still underway — represent costs that historical carriers who insured the station during its pre-1986 operations may be obligated both to reimburse and to continue funding.
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.