This property operated as the Pacific Convenience & Fuels Station, a gasoline service station whose contamination profile — including total lead detected across multiple monitoring wells — points to operations during the era of leaded gasoline, prior to 1986. Cleanup under the Voluntary Cleanup Program has been documented from 1993 through 2020, encompassing quarterly groundwater monitoring, enhanced fluid recovery, well redevelopment, bioremediation injections, and operation of an air sparge and soil vapor extraction system. Remediation remains 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.
The lead and petroleum hydrocarbon contamination at this site originated from fueling operations that predate the 1986 shift away from occurrence-based Commercial General Liability policies — the same policies that carried no effective pollution exclusion in Washington. Decades of documented remediation expenditures, from groundwater recovery and bioremediation to sustained air sparge and vapor extraction operations, represent costs that historical carriers who insured the station during its pre-1986 operational window may be obligated both to reimburse and to fund going forward.
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.