This property has operated as a gas station since 1955, with fuel dispenser islands and underground storage tanks for gasoline and diesel serving a convenience store at 2530 Peace Portal Drive in Blaine. Four USTs were removed in 1980, and cleanup under the Standard Cleanup program includes the proposed excavation of approximately 2,070 cubic yards of contaminated soil for offsite thermal desorption, groundwater treatment through dewatering, granular activated carbon filtration, application of 8,000 pounds of oxygen-releasing compound, and monitored natural attenuation — with an estimated total remediation cost of $692,000. The site remains an active gas station with long-term environmental monitoring and institutional controls in place. 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 originated from fueling operations and underground storage tanks that date to 1955 — more than three decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures approaching $692,000 — soil excavation, groundwater treatment, ORC application, long-term monitoring, and institutional controls — trace directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the site's early decades of operation may still be obligated to fund both the costs already incurred and the ongoing monitoring program.
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.