This property operated as Sunrise Grocery (also known as Sunrise Market) in Custer, dispensing regular and unleaded gasoline from two 500-gallon underground storage tanks installed between approximately 1969 and 1974. When the tanks were removed in August 1994, gasoline contamination was discovered; roughly 30 cubic yards of impacted soil were excavated and landfarmed on site, and groundwater remediation included the installation of monitor wells and a piezometer for aeration. The cleanup effort extended over multiple years, with retesting in 1998 and continued coordination with Ecology through 2004. 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 traces directly to underground storage tanks that were installed and operated for roughly two decades before 1986, squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Documented remediation costs — tank removal, soil excavation and treatment, groundwater monitoring and aeration — were incurred to address releases from those pre-1986 operations. Because cleanup is ongoing, historical carriers who issued CGL policies during the tanks' operational window may be obligated both to recover past expenditures and to fund remaining remediation.
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.