The Red Barn Service Station property has a layered petroleum infrastructure history: two inactive underground storage tanks for diesel and heating oil were removed in February 1995, having already been decommissioned by the time of a 1994 subsurface investigation, while separate operational USTs remained in service as the facility upgraded its tank system over time. Subsurface investigations confirmed benzene, petroleum diesel, and petroleum gasoline in groundwater at concentrations exceeding MTCA cleanup levels, with free product detected in monitoring wells. The site is enrolled in the Voluntary Cleanup Program with cleanup underway. 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 inactive USTs removed from this property in 1995 were already decommissioned by 1994, placing their installation and years of active service well before 1986 — the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Petroleum contamination confirmed in groundwater and free product in monitoring wells represent substantial ongoing remediation obligations. Historical carriers who insured the facility's operations during the pre-1986 tank service period may be obligated to fund both past and continuing cleanup 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.