This property operated as the Flying M Grocery fueling service station, with underground storage tanks installed in 1981 and 1983 holding premium-grade gasoline, regular-grade gasoline, and diesel, alongside a card-lock facility operated by PetroCard. Initial remediation in 1996 and 1997 included UST removals, excavation of approximately 785 cubic yards of petroleum-contaminated soil, and treatment of 10,000 gallons of contaminated groundwater. Investigation-derived waste management is planned as part of ongoing activities, and full cleanup has not yet commenced. 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 underground storage tanks at this site were installed in 1981 and 1983 — within the window when occurrence-based Commercial General Liability policies covered pollution losses and contained no effective exclusion. Lead detected in groundwater is indicative of past leaded gasoline operations, providing an additional signal that contamination at this property began before 1986. With cleanup still pending, the costs ahead — investigation-derived waste disposal, continued soil and groundwater remediation, and long-term monitoring — represent expenditures that historical carriers whose policies were in force during those pre-1986 operations may be obligated to fund.
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.