This property has operated as a bulk fuel storage and distribution facility since at least the late 1960s, with five underground storage tanks holding gasoline, diesel, and stove oil and an overhead loading rack used to fill delivery trucks. Documented contamination events date to circa 1969, with additional diesel releases recorded in 1978 and 1979. Cleanup under the Standard Cleanup program has included groundwater recovery and treatment systems — bioreactor, re-infiltration gallery, and water/vapor-phase carbon — a vapor extraction system operated from 1990 to 1995, UST re-lining, and ongoing groundwater monitoring and purge-water disposal continuing from 2003 through 2010. The site is currently occupied by Corey Oil & Propane, which continues bulk fuel distribution for residential and commercial customers. 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 releases at this facility began around 1969 and continued through the late 1970s — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The operators during that window, including R.M. Distributing Company (prior to 1982), held CGL policies that may cover the decades of remediation expenditures this site has generated: groundwater treatment infrastructure, vapor extraction, tank rehabilitation, and long-term monitoring. With cleanup still underway, historical carriers may be obligated both to reimburse past costs and to fund the remediation work that remains.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.