This property operated as a gasoline service station and automotive repair shop from the 1940s until 1967, spanning approximately 27 years of fuel storage and vehicle servicing. Site investigations have confirmed groundwater contamination well above state cleanup levels, including trichloroethylene (TCE) at concentrations up to 24 times the cleanup standard, vinyl chloride exceeding its threshold, and petroleum hydrocarbons (ORO) at nearly double the allowable limit. The site is currently 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.
Gasoline service and automotive repair operations at this property began in the 1940s — more than four decades before 1986, when occurrence-based Commercial General Liability policies ceased to be the industry standard. The contamination now confirmed in groundwater, including chlorinated solvents and petroleum compounds at concentrations well above state standards, traces to decades of fuel storage and vehicle servicing at a facility that operated entirely within the pre-1986 CGL window. The cleanup costs this property now faces — investigation, remedial design, and full-scale remediation — could plausibly be funded by historical carriers whose policies were in effect during those 27 years of operation.
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.