This property has operated as a gasoline station since the mid-1960s, with underground storage tanks dispensing gasoline and diesel for retail sale. Three former USTs were removed in the 1980s and 1993, along with the excavation of 700 cubic yards of petroleum-contaminated soil that was treated on-site. Two new 10,000-gallon gasoline USTs were installed in 1995, and the site has been subject to ongoing remediation and monitoring from 1993 through 2022 under the Voluntary Cleanup Program. The property continues to operate as a gasoline station and convenience store. 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 — including those dispensing leaded gasoline — installed and operated from the 1960s and 1970s, more than two decades before 1986. Occurrence-based CGL policies issued to the operators during that window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation costs — tank removals, excavation of 700 cubic yards of contaminated soil, on-site treatment, and nearly three decades of monitoring — represent expenditures the historical carriers may be obligated both to recover and to fund going forward.
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.