This property was developed as a retail gasoline service station in 1961, equipped with six underground storage tanks — five installed at construction (one 6,000-gallon, two 4,000-gallon, one 500-gallon, and one 200-gallon unit) and a sixth added in 1974 — representing at least 14,700 gallons of combined storage capacity. The station converted to an automotive repair facility in 1981. Cleanup activities to date, conducted under the Voluntary Cleanup Program, have focused on the management and proper disposal of investigation-derived soil cuttings and purge and decontamination water generated during site investigation. 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 contamination documented at this property — gasoline-range petroleum hydrocarbons and lead in soil and groundwater — traces directly to fuel dispensing operations that began in 1961 and continued through at least 1981, entirely within the window when occurrence-based CGL policies carried no effective pollution exclusion. The detection of lead in soil and groundwater is consistent with the use of leaded gasoline before its phase-out, corroborating the pre-1986 origin of the release. Historical carriers who issued CGL coverage to the operators of this service station during that period may bear obligations as the Voluntary Cleanup Program work proceeds.
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.