This property was developed in the late 1940s and has operated as a gasoline station since 1951, with underground storage tanks and fuel dispensing infrastructure serving as the primary contamination sources. Cleanup under the Voluntary Cleanup Program has included the removal of six USTs and 300 cubic yards of contaminated soil in 1991, installation and operation of a soil vapor extraction system from 1991 through 2020, and further remedial excavations in 2020. Additional remediation efforts have encompassed soil aeration and management of investigation-derived waste, with cleanup work 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 petroleum contamination at this site originated from underground storage tanks installed and operated continuously from 1951 — more than three decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Nearly thirty years of documented remediation expenditures — UST removals, large-scale soil excavation, two decades of vapor extraction, and continued remedial work — represent costs that historical carriers who issued CGL policies during that pre-1986 operational window may be obligated both to reimburse and to fund as cleanup continues.
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.