This property operated as a fueling station beginning in the 1940s and at one point housed an automotive service station. Cleanup under the Standard Cleanup program has included the removal of at least one 750-gallon gasoline underground storage tank, excavation and disposal of 95 tons of contaminated soil, and removal of six 55-gallon drums of contaminated groundwater. Additional USTs were also previously removed from the site. Cleanup 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.
Fueling operations at this property began more than four decades before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The presence of lead among the site's contaminants is consistent with the use of leaded gasoline during that pre-1986 era, tying the contamination directly to the historical coverage window. Documented remediation costs — tank removals, soil excavation, groundwater disposal — represent expenditures the historical carriers may be obligated both to recover and to fund as cleanup 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.