This property operated as a gasoline service station from the 1920s through the 1980s, with multiple underground storage tanks and fuel dispensing islands serving retail customers across that span. Cleanup has included the removal of nine underground storage tanks in two phases (1991 and 2002), excavation and disposal of approximately 90 cubic yards and 3,644 tons of contaminated soil near the former dispensing areas, and multi-year groundwater monitoring following the 2002 remediation. Cleanup work is ongoing. 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 over decades of gasoline service, the vast majority of which predated 1986 — when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs — two rounds of tank removals, thousands of tons of soil excavation, and years of groundwater monitoring — were incurred to address releases tied directly to those long-running pre-1986 operations. Historical carriers who issued CGL policies during the station's pre-1986 operating years may be obligated both to recover past cleanup expenditures and to fund the remediation still under way.
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.