This property has operated as a general store since 1965 and expanded to include a gas station with underground storage tanks in 1970. A leak from one of the original USTs was identified in 1986, prompting tank removals and contaminated soil excavation. Subsequent cleanup under the Voluntary Cleanup Program has included in-situ chemical oxidation using Fenton's reagent in 2013 and 2014, with quarterly groundwater monitoring ongoing since 2010. The property remains in active commercial use as a gas station, general store, and restaurant, with multiple pump islands serving both commercial trucks and passenger vehicles. 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 site traces directly to underground storage tanks installed in 1970 — sixteen years before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures spanning more than a decade — tank removals, soil excavation, chemical oxidation, and long-term groundwater monitoring — arose from releases tied to those pre-1986 operations. With cleanup still underway, historical carriers who issued CGL policies during the 1970-through-1986 operational window may be obligated both to recover past remediation costs and to fund the remaining cleanup work.
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.