This property was constructed as a Mobil Service-branded gasoline station in 1950, equipped with at least two 3,000-gallon underground storage tanks and dispensing pumps for retail fuel sales. The station operated through the mid-1960s before the property was converted to a car wash in 1965. A 2025 Phase II subsurface investigation confirmed petroleum hydrocarbons and BTEX compounds exceeding MTCA cleanup levels in groundwater, with possible free product observed at one boring location. The site is currently awaiting cleanup 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.
Gasoline storage and dispensing operations at this property began in 1950 — thirty-six years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The petroleum contamination now confirmed in groundwater traces to underground storage tanks installed and operated during that pre-1986 window, when CGL policies carried no effective pollution exclusion. The cleanup costs this property now faces — investigation, remedial design, and active remediation of petroleum hydrocarbons and benzene in groundwater — could plausibly be funded by historical carriers whose policies were in force during the decades of fuel storage and dispensing operations.
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.