This property operated as a retail gasoline station from the 1950s through 1985, with underground storage tanks — including leaded-gasoline tanks associated with Exxon — that were removed in the 1960s. Gasoline-range contaminants, including benzene, toluene, ethylbenzene, and xylenes, were discovered in soil and groundwater in 1987 during I-90 construction activities and attributed to leakage from those historical underground tanks and associated piping. The site is enrolled in the Standard Cleanup program and remains designated Awaiting Cleanup, with no active remediation yet commenced. 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.
Gasoline station operations at this property — including the dispensing and storage of leaded gasoline — began more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The BTEX contamination identified in 1987 traces directly to releases from tanks in operation during that pre-1986 window, placing the occurrence trigger squarely in the era when those policies were in force. The investigation and remediation costs the property now faces are precisely the type of expenditure that historical carriers whose policies covered operations here may be obligated to fund.
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.