This property operated as a gasoline station from approximately the 1950s through at least the 1970s, with underground storage tanks dispensing gasoline and diesel fuel during that period. Cleanup activities have included removal of a 550-gallon UST and 10.94 tons of petroleum-contaminated soil, followed by a two-phased chemical oxidation injection program comprising three injection events targeting soil and groundwater contamination. The Tacoma-Pierce County Health Department designated the property an Abandoned Commercial Tank site, and the recommended path forward includes an environmental covenant, capping, and natural attenuation over a projected 10-to-15-year restoration timeframe. 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 petroleum hydrocarbon contamination at this property traces directly to underground storage tanks installed and operated during the 1950s and 1960s — decades before 1986, when occurrence-based Commercial General Liability policies still lacked effective pollution exclusions. Remediation costs already incurred — UST removal, soil excavation, and three rounds of chemical oxidation injections — represent documented expenditures tied to those pre-1986 operations, and projected costs for capping, covenant compliance, and a decade or more of natural attenuation monitoring extend that liability trail further. Historical carriers who issued CGL policies to operators during the gasoline station's operational window may be obligated both to recover past cleanup costs and to fund the 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.