This property operated as a full-service gas station with a repair facility dating back to 1938, later redeveloped into a convenience store with gas pumps. Three gasoline underground storage tanks — including USTs installed in 1977 and found structurally compromised with holes in 1998 — were removed in 1999–2000, along with excavation and off-site disposal of approximately 952 tons and over 1,220 cubic yards of petroleum-contaminated soil. Groundwater remediation included dewatering wells, pumping to a municipal treatment plant, and installation of a water circulator and air stripper, with cleanup activities spanning from 1999 through at least 2013. The store is now closed and the fuel pumps have been removed. 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 that served fueling operations for decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures — tank removals, large-scale soil excavation, groundwater treatment infrastructure, and over a decade of active cleanup — represent costs that historical carriers who issued CGL policies during the pre-1986 operational window may be obligated 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.