This property operates as the EZ Mini Mart & Shell gas station in Lynnwood, with an underground storage tank system comprising four tanks for gasoline and diesel fuel. Environmental investigations dating to at least 1997 identified petroleum contamination in soil and groundwater, including the discovery of an undocumented underground storage tank around 2000. Cleanup under the Voluntary Cleanup Program has included groundwater treatment through hydrogen peroxide injection via dedicated injection wells, recommended excavation of contaminated soil, and ongoing quarterly groundwater and soil monitoring. 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 site — TPH-gasoline, BTEX, and MTBE — originated from underground storage tank operations that predate 1986, as evidenced by the discovery of an undocumented UST consistent with an era before stricter tank regulations took effect. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion and remain enforceable in Washington. The documented remediation expenditures here — injection-well installation, groundwater treatment, soil excavation, and years of quarterly monitoring — represent costs that historical carriers may be obligated both to reimburse and to continue funding as cleanup progresses.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.