This property historically operated as a fueling station with multiple underground storage tanks dispensing gasoline and diesel. At least one original UST had compromised integrity, releasing an estimated 200 to 300 gallons of fuel per week before being identified in a 1994 investigation. Cleanup activities have included removal of multiple USTs and associated piping and concrete, excavation of contaminated soil, and repair of a cracked product line, with extensive groundwater monitoring and well installations conducted over several years under funding from a pollution liability insurance agency. Cleanup work at the site is 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.
The petroleum contamination at this property originated from fueling-station USTs whose releases were already documented by 1994, with the original tanks almost certainly in service well before 1986. Occurrence-based Commercial General Liability policies issued during that pre-1986 operational window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures — tank removals, soil excavation, product-line repairs, and years of groundwater monitoring — represent cleanup costs that historical carriers may be obligated both to reimburse and to fund as the site's remediation 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.