This property operated as a Texaco service station with four underground storage tanks holding a combined 30,000 gallons of leaded and unleaded gasoline. A 1993 Site Hazard Assessment identified contamination associated with the UST system; by that time, the pumps had been closed and the facility was no longer selling gasoline. The site is enrolled in Ecology's cleanup program under a standard cleanup designation, though specific remediation activities have not yet been documented. 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 presence of leaded gasoline tanks — a product largely phased out before the mid-1980s — and a 1993 report describing the USTs as old and never replaced place this site's fuel-dispensing operations firmly in the pre-1986 era. Occurrence-based CGL policies issued to the station's operators during that period carried no effective pollution exclusion in Washington and remain enforceable today. As cleanup obligations take shape at this site, historical carriers who provided coverage during those decades of fueling operations may bear responsibility for the remediation costs 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.