This 0.75-acre property has operated as a car wash and fuel-dispensing facility since 1964, currently doing business as Brown Bear Car Wash with an automatic car wash, self-service bays, and a Texaco-branded gas station. Contamination from leaking underground storage tanks was identified by 1990, and cleanup under the Standard Cleanup program has included the excavation and removal of approximately 55,100 gallons of underground storage tanks and impacted soil, installation of an oil-water separator and a monitored treatment facility for surface runoff, and over a decade of ongoing groundwater monitoring. Cleanup work remains in progress. 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 property originated from underground storage tanks and fuel-dispensing operations that date to 1964 — more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures — tank removals, soil excavation, surface-water treatment, and years of groundwater monitoring — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the site's early operational window may be obligated both to reimburse costs already spent 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.