This property operated as a gasoline service station from the 1960s through at least 1972, with underground storage tanks installed in 1964 and 1976 for gasoline and diesel fuel dispensing. The site transitioned to a U-Haul facility in 1975. USTs were removed in 1998, and subsequent remediation under the Voluntary Cleanup Program has included multi-year investigations, a groundwater extraction pilot test in 2018 that recovered 240 gallons, monitoring, and reliance on natural attenuation. Cleanup work is ongoing. 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 leaking underground storage tanks and fuel dispensing operations that date to the mid-1960s — more than two decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The documented remediation costs spanning UST removal, investigation, groundwater extraction, and long-term monitoring represent expenditures that historical carriers who issued CGL policies during the station's operating years may be obligated both to reimburse 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.