This property has operated as a gasoline service station since at least 1964, with underground storage tanks that included a leaded-gasoline tank predating the modern UST era. Three 12,000-gallon tanks were removed from the site in 1996, and the current UST complex — four 20,000-gallon unleaded gasoline tanks — replaced an earlier configuration upgraded in 1987. Cleanup work under the Voluntary Cleanup Program has included quarterly groundwater monitoring and sampling ongoing since 2003, off-site disposal of investigation waste, and an air-sparge and soil vapor extraction (AS/SVE) system currently being installed. The property remains in active commercial operation as a convenience store with gasoline-dispensing facilities. 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 storage and dispensing at this site began in 1964 — more than two decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and lacked an effective pollution exclusion. The documented presence of a leaded-gasoline tank from that early operational window directly anchors the contamination origin to the pre-1986 period. Remediation costs here — UST removals, years of groundwater monitoring, and a now-active AS/SVE installation — have accrued over decades and continue to grow, representing expenditures that historical carriers who issued CGL policies during the 1964–1986 operational window may be obligated both to recover and to fund going forward.
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.