This property has historically operated as a gasoline and diesel fuel station, with a known petroleum release discovered and reported in 1992. Remediation efforts have included a limited remedial action in 1994, an extensive interim action in 2006 involving soil removal and underground storage tank decommissioning, and ongoing groundwater monitoring with well purging conducted as recently as 2020 — all performed as independent remedial actions. The site remains in Awaiting Cleanup status under Washington's 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.
Fuel station operations at this property are documented prior to 1983 — more than three years before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and lacked effective pollution exclusions in Washington. The contamination here, petroleum hydrocarbons tied directly to underground storage tanks and pump island infrastructure, is exactly the kind of slow, ongoing release those pre-1986 policies were written to address. With active cleanup still pending, historical carriers whose CGL policies were in force during the pre-1986 operational window may be obligated to fund the remediation costs that lie ahead.
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.