This property operated as a gasoline service station in Wilbur, Lincoln County, with underground fuel storage tanks, piping, dispensers, and two maintenance bays. During routine UST closure and replacement in October 1994, contaminated soils were encountered at depths up to 12 feet, triggering a cleanup action under the Standard Cleanup program. Site assessments and characterization efforts have continued since at least 1994, and the project reached Construction Complete status with ongoing performance monitoring. 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 underground storage tanks removed in 1994 are estimated to have been installed around 1969, placing this station's fueling operations squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The petroleum release discovered during tank replacement is the kind of long-duration, below-grade contamination those pre-1986 policies were written to cover. Decades of cleanup review, site characterization, and performance monitoring represent recoverable expenditures that historical carriers who insured the station during its pre-1986 operating years may still be obligated to fund.
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.