ARCO Facility No. 4393 operates as an active retail fueling station in Lynnwood, featuring three underground storage tanks, two dispenser islands under a single canopy, and associated fueling infrastructure. Lead detected in soil samples collected in 1996 — at concentrations consistent with the leaded-gasoline era — establishes that operations preceded 1986. Remediation under the Voluntary Cleanup Program has been ongoing since at least 1996, encompassing a multi-year Two-Phase Extraction system combining soil vapor extraction and groundwater pumping, along with soil borings, UST piping upgrades, and pump island renovations; to date, 2.91 tons of soil cuttings have been removed and 46,781 gallons of affected water treated. 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 contamination documented at this property is a direct chemical signature of gasoline retail operations conducted during the leaded-gasoline era, well before 1986, when occurrence-based Commercial General Liability policies had no effective pollution exclusion in Washington. The extraction systems, soil removal, groundwater treatment, and ongoing monitoring already documented here represent substantial remediation expenditures tied to releases from those pre-1986 operations. Because cleanup is still underway, historical carriers who issued CGL policies to the station's operators during that window may be obligated both to recover costs already incurred and to fund the 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.