This property operated as a gasoline service station with underground storage tanks dating back to 1945, dispensing leaded gasoline, unleaded gasoline, and diesel fuel. A total of seven USTs were present on site — three tanks totaling 6,000 gallons were removed and four tanks totaling 28,000 gallons were closed in place. Cleanup under the Voluntary Cleanup Program has included excavation of 50 cubic yards of contaminated soil, installation of monitoring wells, and sampling events spanning from 1995 through 2023 following a UST system failure in March 1995. 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 installed as early as 1945 — more than four decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures to date — tank removals, tank closures in place, soil excavation, and nearly three decades of groundwater monitoring — represent costs tied directly to operations conducted under those pre-1986 policies. Historical carriers who covered this facility during its decades of fuel dispensing may be obligated both to reimburse past cleanup costs and to fund the remediation work that remains ahead.
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.