This property operated as the Astro #106 gas station in Ritzville, Adams County, with four underground storage tanks, two pump islands, and eight fuel dispensers serving gasoline and diesel. The presence of degraded leaded gasoline in groundwater confirms operations predating the phase-out of leaded fuel. Cleanup under the Voluntary Cleanup Program has been underway since 2006, when USTs were removed and 1,650 cubic yards of contaminated soil were excavated and bioremediated on-site; free product was recovered from groundwater, and ongoing monitoring and purging continue. Further soil excavation, bioremediation, and groundwater treatment are proposed. 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 originated from underground storage tanks that stored leaded gasoline — a product phased out of commercial sale well before 1986 — confirming that the release began during the era of occurrence-based CGL policies with no effective pollution exclusion. Two decades of documented remediation expenditures, from UST removal and large-scale soil excavation to free product recovery and long-term groundwater monitoring, represent costs that historical carriers who covered these operations may be obligated both to reimburse and to fund as additional cleanup proceeds.
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.