This property operated as a gasoline service station for a number of years through the 1970s and into late 1989, dispensing unleaded and leaded gasoline and storing used oil in seven steel underground storage tanks. The USTs — including 12,000- and 5,000-gallon gasoline tanks — were decommissioned in 1996, and the building still retained its historic gas station features (canopy, pump island, building design) as of a 2015 initial investigation. That investigation, triggered by an ERTS report attributing contamination to improper transfer of gasoline and radiator flushing, identified suspected lead, benzene, and petroleum contamination in groundwater. The site is currently awaiting cleanup under Ecology's Standard Cleanup program. 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.
This property's documented history as a gasoline service station through the 1970s and 1980s places its core operations squarely within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Seven steel USTs holding gasoline and waste oil were in service at the facility during that window, and CGL policies issued to the operators during those years of operation may respond to the pollution liabilities now associated with the property. With cleanup still ahead under Ecology's Standard Cleanup program, the investigation and remediation costs the property faces could plausibly be funded by those historical carriers.
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.