This property operated as a gasoline fueling station and convenience store from the 1960s through the 2000s, with ten underground storage tanks serving the retail fuel operation. Cleanup under the Voluntary Cleanup Program has included decommissioning all ten fuel USTs across two events in 1993 and 2003, excavation of over 351 tons of contaminated soil, and quarterly groundwater monitoring with natural attenuation. A 675-gallon heating oil tank associated with an earlier residential use was also removed in 2013 along with an additional 46.61 tons of petroleum-contaminated soil, though that remediation was deemed insufficient. 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 and lead in soil and groundwater at this site trace to underground storage tanks that were installed and operated decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation expenditures — multiple UST removals, hundreds of tons of soil excavation, groundwater monitoring, and additional tank abatement — represent costs the historical carriers who insured the fueling operation during that pre-1986 window may be obligated both to reimburse and to fund as cleanup continues.
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.