A retail fueling station and mini mart have operated at this property since approximately 1962, with three underground storage tanks constructed in 1982. The property's commercial history extends further back, with buildings consistent with a small grocery store and residences present as early as 1911. A 2025 site investigation confirmed groundwater contamination above cleanup levels for lead, benzene, and gasoline-range petroleum hydrocarbons, and the site is now under active remediation through 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.
Fueling operations at this property began approximately 1962, and underground storage tanks were installed in 1982 — both well within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. More than two decades of pre-1986 operations at this fueling station mean that historical CGL policies from that window may respond to the site's pollution liabilities. With cleanup underway and remediation costs accruing, those historical carriers could be obligated to fund both past and future cleanup expenditures.
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.