This property operated as Pit Stop Market, a convenience store with fuel dispensing, in Olympia. Gasoline-range petroleum hydrocarbons, BTEX compounds, and lead have been detected in groundwater at elevated concentrations — contaminant signatures consistent with historical fueling operations that predate the federal phase-out of leaded gasoline. Site work has included a prior soil excavation and extensive groundwater monitoring conducted from at least 2006 through 2020 to track contaminant levels. Cleanup 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.
The lead found in groundwater here points directly to the use of leaded gasoline, which was phased out nationally by 1986 — meaning the contaminating operations were underway during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Years of documented monitoring and prior excavation work represent remediation expenditures tied to those pre-1986 fueling operations. Historical carriers who issued CGL policies covering this property during that window may be obligated to reimburse costs already incurred and to fund the cleanup work that remains.
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.