This property has operated as a gasoline service station for decades, first as a Mobil station and currently as a BP station with a convenience store and car wash. Underground storage tanks storing gasoline and diesel fuel — including regular leaded gasoline — released petroleum into soil and groundwater, with the contamination first identified in 1983. Cleanup under the Voluntary Cleanup Program has included multiple rounds of UST removal and contaminated soil excavation in 1984, 1990, and 2019, product and groundwater recovery by vacuum truck, operation of a soil vapor extraction system from 1995 to 1996, and ongoing groundwater monitoring since the early 1990s. Further soil remediation is planned. 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 releases at this station originated from underground storage tanks that were in service well before 1986 — the presence of regular leaded gasoline in the USTs alone confirms pre-1986 operations. Occurrence-based Commercial General Liability policies issued to the station operators during that era carried no effective pollution exclusion under Washington law and remain enforceable today. The site's four-decade remediation record — repeated excavations, groundwater recovery, vapor extraction, long-term monitoring, and still-pending soil work — represents both recoverable past expenditures and prospective cleanup costs that historical carriers may 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.