This property has operated as a gasoline station since at least 1964, with three steel underground storage tanks — installed between 1964 and 1976 — dispensing fuel at the site for decades. Cleanup under the Voluntary Cleanup Program began with the excavation and removal of all three USTs in 2000, along with approximately 345 cubic yards of petroleum-contaminated soil. In 2019, an additional 447.8 tons of stockpiled contaminated soil were removed and disposed of off-site. Remaining contamination is now managed through engineered controls — a building and asphalt cap — along with an environmental covenant and long-term monitoring subject to five-year periodic reviews. The property continues to operate as a retail fueling station, post office, and market. 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 leaking underground storage tanks that were installed and operated continuously from 1964 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures here — UST removal, soil excavation, off-site disposal of hundreds of tons of contaminated material, engineered controls, and ongoing long-term monitoring — represent costs that historical carriers who wrote CGL policies during the 1964-to-1986 operational window may be obligated both to reimburse and to fund on a going-forward basis.
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.