This property operated as a gas station from 1934 until at least 1969, located north of Sedro-Woolley in Skagit County along a Washington State Department of Transportation right-of-way. Contamination from the historical fueling operations was discovered in 1991, prompting removal of a 300-gallon underground storage tank and excavation of 500 cubic yards of contaminated soil. The site has been paved as a form of site control, and assessment activities spanning from 1991 through 2013 have recommended future remediation; 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.
Gasoline contamination at this site — TPH-G, BTEX, and MTBE — traces directly to underground storage tank operations that began in the 1930s and continued for decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The multi-decade remediation record, from tank removal and soil excavation through long-term assessment and site control, represents documented cleanup expenditures tied to those pre-1986 operations. Historical carriers who issued CGL policies during the station's operating years may be obligated both to recover past costs and to fund the remediation work that remains ahead.
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.