This property operated as Exxon Station 79078, with multiple underground storage tanks — including gasoline, fuel oil, and used oil USTs — installed as early as January 1968 and in service through at least October 1992. Cleanup under the Voluntary Cleanup Program has spanned more than two decades: USTs, product lines, and hydraulic hoists were removed in 1992–1993, approximately 2,000 tons of contaminated soil were excavated in 1993 and 1998, and groundwater treatment via chemical oxidation injections began in 2013–2014 with additional injections and monitoring 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.
Petroleum contamination at this site originated from underground storage tanks installed in 1968 and operated for nearly 25 years — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation cost trail here is extensive: tank and hoist removals, two rounds of large-scale soil excavation, and a multi-year chemical oxidation program for groundwater that remains active today. Historical carriers who issued CGL policies to the station's operators during that pre-1986 window may be obligated both to reimburse past cleanup expenditures and to fund the remediation work still ahead.
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.