This property operated as a gasoline service station from 1974 through 1994, with three underground storage tanks — two 550-gallon and one 2,000-gallon — along with five hoists and three pump islands dispensing fuel on site. In June and July 2021, subsurface chemical injections (PersulfOx) were performed to reduce groundwater contamination, followed by quarterly monitoring events from Third Quarter 2021 through Third Quarter 2022 to evaluate remediation progress. Cleanup work 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.
The petroleum contamination at this property — gasoline-range TPH and BTEX compounds released from underground storage tanks — originated from fueling operations that began in 1974, more than a decade before occurrence-based CGL policies ceased to carry meaningful pollution coverage. Carriers who issued policies to the service station operators during the 1974–1986 window wrote coverage without an effective pollution exclusion under Washington law. The documented remediation expenditures — chemical injection treatment and years of groundwater monitoring — represent costs those historical carriers may be obligated both to recover and to fund as cleanup continues.
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.