This property operated as a service station and grocery store in Gig Harbor, with two 1,000-gallon underground storage tanks dispensing unleaded gasoline — one of which previously held possibly leaded gasoline. The tanks were decommissioned and removed in 1995, and cleanup included the excavation and off-site thermal desorption of 215.19 tons of contaminated soil. The site has remained an active regulatory concern through at least 2013, with groundwater monitoring wells recommended for long-term oversight. 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 petroleum contamination at this property originated from a prior generation of underground storage tanks whose history — including the use of leaded gasoline — places operations firmly before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs to date, including tank removal and thermal treatment of over 215 tons of impacted soil, along with the prospect of ongoing groundwater monitoring, represent expenditures that historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to recover and to fund going forward.
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.