A gas and service station was built on this property prior to 1950, with five underground storage tanks supporting fuel retail operations over several decades. In 2000, cleanup under the Standard Cleanup program removed all five USTs and approximately 650 tons of petroleum-contaminated soil; additional tanks were closed in place by filling with concrete slurry. Post-removal soil sampling confirmed residual TPH-gasoline, TPH-motor oil, and benzene remaining in the ground, and regulatory follow-up has continued since 2000 with cleanup still underway. 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 site originated from underground storage tanks installed and operated decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, excavation of 650 tons of contaminated soil, closure-in-place work, and ongoing regulatory oversight — were incurred to address releases tied directly to those pre-1986 fueling operations. With cleanup still in progress, historical carriers who issued CGL policies during the station's operational window may be obligated both to recover past costs and to fund the remaining remediation.
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.