This property has operated as a gasoline service station and convenience store since at least 1963, when underground storage tanks for both unleaded and leaded gasoline were installed at the site built in 1958. In 1995, two USTs — an 8,000-gallon unleaded tank and a 6,000-gallon leaded gasoline tank — were excavated and removed along with approximately 250 tons of petroleum-contaminated soil. Subsequent site investigations in 2019 confirmed the need for further remedial action, and the cleanup process remains ongoing under Ecology's standard cleanup program. 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 in 1963 and operated continuously through the pre-1986 era, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs already incurred — tank removal, soil excavation, site investigations — and the further cleanup work still ahead trace directly to releases from those decades of pre-1986 fueling operations. Historical carriers who issued CGL policies during that operational window may be obligated both to reimburse past expenditures and to fund the remediation that remains.
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.