This property was originally developed in the 1950s as a retail gasoline station and convenience store, with underground storage tanks installed as part of the original site infrastructure. Cleanup activities under the Voluntary Cleanup Program have spanned from 1998 to at least 2026, including removal of underground and aboveground storage tanks, contaminated soil excavation, installation and operation of an air sparging and groundwater vapor extraction system beginning in 2000, and ongoing groundwater monitoring with planned enhanced oxidative treatment using hydrogen peroxide. The site is currently in the performance-monitoring phase of its cleanup. 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 property originated from underground storage tanks installed and operated as far back as the 1950s — more than three decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures here — tank removals, soil excavation, air sparging, vapor extraction, and over two decades of groundwater monitoring still ongoing — represent the kind of long-tail cleanup costs that pre-1986 CGL policies were structured to cover. Historical carriers who provided coverage during the decades those tanks were in service may still bear obligations for both past and continuing remediation costs.
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.