This property operated as an automobile service station and gas station from around 1920, with a self-service car wash added in the 1970s. The facility contained four underground storage tanks — two at 10,000-gallon capacity and two at 6,000-gallon capacity — along with a 500-gallon above-ground waste oil tank. Cleanup under the Standard Cleanup program has included partial remedial excavation of petroleum-contaminated soil, removal of one underground storage tank, in-place closure of four others, and groundwater treatment via in-situ chemical oxidation and sorption with enhanced biodegradation injections. Contaminated soil has been contained under a 10–15-foot clean soil cap, and a multi-year groundwater monitoring plan spanning 5–10 years is in place across 15 monitoring wells, with institutional controls restricting excavation and building foundations at the site. 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 traces to fuel storage and service operations that began around 1920 — more than six decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The remediation expenditures already incurred here — tank removal, soil excavation, chemical oxidation, enhanced biodegradation, engineered controls, and long-term monitoring — represent costs tied directly to releases from those pre-1986 operations. With cleanup still underway and years of monitoring ahead, historical carriers who issued CGL policies during that operational window may be obligated both to recover past remediation costs 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.