This property operated as a gasoline service station from its original construction in 1924, with underground storage tanks installed across multiple decades — including tanks dating to 1964 and 1974. In February 2005, five USTs were removed from the site, ranging from 500 to 4,000 gallons in capacity; older tanks were found severely degraded with visible holes, indicating long-term subsurface releases. Approximately 40 tons of petroleum-contaminated soil were excavated from the tank, pump island, and product piping areas, and post-removal sampling confirmed gasoline-range hydrocarbons, benzene, and xylene remaining above MTCA Method A cleanup levels. Cleanup work is ongoing under the Standard Cleanup program. 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 underground storage tanks that were installed and operated as early as 1964 — more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The degraded condition of the older tanks, with holes observed at removal, points to slow, continuous releases spanning the very years those occurrence-based policies were in force. Documented remediation expenditures — tank removal, soil excavation, and ongoing cleanup obligations — represent costs that historical carriers who wrote CGL coverage during the station's pre-1986 operating window may be obligated both to reimburse 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.