This bulk fuel storage and distribution facility was constructed in the 1930s and remodeled in the 1950s, with three steel gasoline underground storage tanks installed around 1950. The site operated under the Mobil brand through Service Fuel until that company's bankruptcy in 1988 and entered the Voluntary Cleanup Program in 2001. Groundwater monitoring across 13 wells over more than a decade has documented extensive MTCA exceedances, including petroleum hydrocarbons (TPH-Gx up to 52,000 µg/L), benzene at twenty times the cleanup standard, and free-phase petroleum product detected in at least one monitoring well. Cleanup is ongoing. 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.
Petroleum contamination at this property traces to bulk fuel storage and distribution operations that began in the 1930s — more than five decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions in 1986. The underground storage tanks installed around 1950 and the decades of fuel handling that followed created the conditions for the gasoline, diesel, and benzene releases now documented in groundwater across the site. The remediation costs already incurred through investigation, monitoring, and cleanup — and those still ahead — represent expenditures that historical carriers who underwrote the facility's pre-1986 operations may be obligated both to recover and to fund going forward.
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.