This property operated as a gasoline service station under the Exxon brand, dispensing leaded and unleaded fuel to the public prior to 1986. Cleanup under the Voluntary Cleanup Program has included Soil Vapor Extraction and groundwater extraction systems that have removed significant quantities of petroleum hydrocarbons and treated tens of thousands of gallons of contaminated groundwater, supported by extensive monitoring across multiple wells. The presence of total lead in groundwater samples across the site confirms the legacy of leaded gasoline operations. Remediation work 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.
Petroleum contamination at this former Exxon station — TPH-gasoline, TPH-diesel, BTEX compounds, and lead — originated from fuel dispensing operations that were underway before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The multi-year remediation already conducted here, including vapor extraction, groundwater treatment, and long-term monitoring, represents substantial cleanup expenditures tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the station's operating years may be obligated to recover costs already incurred and to fund the cleanup work 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.