This property operated as ARCO Facility No. 00910, a gasoline service station with underground storage tanks, a fuel canopy, and a dispenser island. Cleanup under the Voluntary Cleanup Program has included installation of remediation wells, two-phase extraction and enhanced NAPL recovery events that removed a total of 1,520 gallons of fluid, and passive NAPL recovery using petroleum absorbent socks. The former station site now operates as a commercial bank, and long-term groundwater monitoring 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.
Petroleum contamination at this property — gasoline-range organics, benzene, toluene, ethylbenzene, xylenes, free-phase NAPL, and lead — originated from fueling operations that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The multi-year remediation effort already undertaken and the monitoring still ahead represent substantial documented costs tied directly to those historical operations. CGL carriers on the risk during the pre-1986 operational window may be obligated both to reimburse past cleanup expenditures and to fund the remediation work that remains.
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.