This property has operated as a retail gasoline station since at least 1937, when ARCO began operations that continued through 1977; a bulk petroleum products business on the adjacent Philipp property ran from 1957 through 1978. Aerial photographs from 1962, 1966, and 1972 document evidence of surface spills, a product-line leak was reported in 1981, and light non-aqueous phase liquid (LNAPL) was discovered in the site's Manhole 34 in 1989. A Remedial Investigation/Feasibility Study has been underway since 1993, with quarterly Dual Phase Vacuum Extraction operations running since 2001 to remove groundwater, LNAPL, and associated soil vapors, supplemented by recovery trenches, soil borings, a 20-year natural attenuation modeling program, and institutional controls. The property currently operates as Sunnyside Food Mart, with three retail fuel dispensers and 26,000 gallons of underground gasoline storage capacity. 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 traces to fuel-handling operations that began in 1937 — nearly five decades before 1986, when occurrence-based CGL policies still carried no effective pollution exclusion. The releases documented in aerial photographs from the 1960s and 1970s, the 1981 product-line leak, and the LNAPL plume confirmed in 1989 all fall within the coverage window those policies were written to address. The site's documented remediation expenditures — investigation, decades of quarterly DPVE operations, trench installation, monitoring, and institutional controls — represent costs that historical carriers who issued CGL policies to ARCO, the Philipp operation, or their successors may be obligated both to recover and to fund going forward.
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.