This property operated as a gasoline service station — formerly branded as the Yorkston Exxon Station — with underground storage tanks dating to the early 1980s or before. Prior cleanup at the site involved excavation of 6,625 tons of contaminated soil during 2006 and 2008 remediation efforts, and four historical USTs were removed during a 2008 system upgrade. A subsequent diesel fuel release from a cracked spill bucket was discovered in October 2015, prompting further investigation under the Voluntary Cleanup Program. Groundwater monitoring has confirmed benzene, diesel-range, and gasoline-range petroleum hydrocarbons above cleanup levels. 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.
Underground storage tanks at this station were installed before 1983, placing the facility's fueling operations squarely within the occurrence-based CGL era when policies carried no effective pollution exclusion. Decades of petroleum operations generated contamination significant enough to require the excavation of more than 6,600 tons of impacted soil, and groundwater beneath the property remains above cleanup levels for benzene and petroleum hydrocarbons. Historical carriers who insured the station during its pre-1986 operational years may be obligated to cover both the remediation costs already incurred and those still ahead 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.