This property is the documented source of a historical gasoline release linked to underground storage tank operations. Laboratory analyses have confirmed elevated levels of gasoline-range total petroleum hydrocarbons, benzene, xylenes, and dissolved lead in groundwater — a contaminant profile consistent with leaded gasoline. The site is enrolled in the Voluntary Cleanup Program, where remediation has included UST excavation and the decommissioning of ten temporary and historical monitoring wells to prevent further contaminant migration. 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.
The presence of dissolved lead alongside gasoline-range hydrocarbons and BTEX compounds points to a release of leaded gasoline, which was largely phased out by 1986 — placing the contaminating operations squarely within the era of occurrence-based Commercial General Liability coverage that carried no effective pollution exclusion in Washington. The documented remediation expenditures to date — tank excavation, well decommissioning, long-term VCP enrollment — and the costs still ahead represent obligations that historical carriers who wrote CGL policies during the period of active gasoline operations may be required both to reimburse and to fund going forward.
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.