This property operated as a gas station — known as Stage Stop and Quickie Mart — with two 10,000-gallon bare steel underground storage tanks that were removed in September 2016. Soil contamination by petroleum hydrocarbons was confirmed during the tank removal, and benzene and gasoline-range compounds are suspected in groundwater. Ecology issued an Early Notice Letter in March 2017 and added the site to the contaminated sites database; cleanup is underway under the 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 bare steel construction of both USTs indicates installation before EPA's 1988 corrosion-protection mandate, and the 25-year lifecycle of tanks removed in 2016 points to installation before 1986 — squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. Petroleum contamination confirmed in soil, with benzene and gasoline-range compounds suspected in groundwater, creates a remediation cost trail tied to those pre-1986 fueling operations that historical carriers 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.