This property operated as a Texaco gasoline station with registered underground storage tanks, with tank infrastructure estimated to date to the mid-1970s based on documented tank lifecycle evidence. A leaking underground storage tank site was established here in 1996, and groundwater monitoring beginning that April confirmed petroleum contamination at significant concentrations — diesel-range hydrocarbons at 1,700 micrograms per liter in the initial sampling. A surface spill event on April 22, 2013 caused a dramatic escalation, with diesel-range petroleum in one monitoring well spiking from 186 to over 7.8 million micrograms per liter. Petroleum-diesel, petroleum-gasoline, and other petroleum compounds remain above cleanup levels in groundwater, and the site is awaiting cleanup under Washington'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.
The Texaco station at this location operated with underground storage tanks installed well before 1986, during the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Petroleum contamination from those USTs was already documented in groundwater by the mid-1990s, establishing a long-tail liability tied to decades of pre-1986 fuel-dispensing operations. With the site still awaiting cleanup and remediation costs yet to be incurred, historical CGL carriers who insured the facility during its pre-1986 operational window may be obligated to fund the investigation and remediation ahead.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.