This Bothell property was the site of fuel-dispensing operations involving multiple underground storage tanks, one of which was discovered during storm sewer installation in 1998 and had not previously been documented. Soil and groundwater sampling confirmed releases of gasoline, diesel, heavy oil, BTEX compounds, and lead — a contamination profile consistent with long-term fueling operations predating 1986. Cleanup under the Standard Cleanup program has included excavation and off-site thermal desorption treatment of 398 tons of petroleum-contaminated soil and off-site disposal of 6,100 gallons of contaminated groundwater. Additional undocumented USTs are suspected to remain on the property, and 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.
The petroleum contamination at this site originated from underground storage tanks whose existence was unknown even to the property operator — a hallmark of legacy infrastructure installed well before modern UST registration requirements took effect in the mid-1980s. The detection of lead alongside gasoline in excavated soil further confirms that fueling operations were active during the era of leaded gasoline, which was largely phased out by 1986. Occurrence-based CGL policies issued to operators during that pre-1986 window may be obligated both to reimburse the remediation costs already incurred and to fund the cleanup work that remains ahead.
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.