This property has operated as a commercial cardlock fueling facility since at least 1964, when five underground storage tanks were installed on the site. Past remediation included removal of all five USTs in 1990, and a 2020 environmental investigation involved groundwater purging and sampling to characterize residual contamination. Low-level petroleum hydrocarbon concentrations remain in soil and groundwater, attributed to historical operations rather than the current UST system, and the site is awaiting further cleanup actions while continuing to operate as a cardlock fueling station. 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 residual TPH contamination at this property traces directly to underground storage tanks installed in 1964 and fueling operations that predate 1986 by more than two decades — the period when occurrence-based Commercial General Liability policies were still written without effective pollution exclusions in Washington. Investigation has confirmed the contamination is historical in origin, and cleanup costs remain ahead of the property owner. Historical carriers whose CGL policies were in force during the pre-1986 operational window may be obligated to fund the remediation work still to come.
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.