The fueling service station at this Highway 99 property was constructed in 1958, with four underground storage tanks installed in April 1970 for gasoline dispensing. Three of those USTs were upgraded in 1996 and a waste oil UST was decommissioned in 1999; a petroleum release was reported during the 1996 remodeling work (ERTS #423232). Site investigations have found gasoline-range organics in soil at concentrations up to 342,000 mg/kg, with benzene and petroleum-gasoline suspected in groundwater beneath the property. 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.
This fueling station has operated continuously since 1958, with underground storage tanks in service from 1970 — placing nearly three decades of petroleum operations squarely within the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The severe soil contamination documented here and the suspected groundwater impacts trace to infrastructure installed and operated during that policy window. As investigation and remediation costs for petroleum-affected soil and groundwater accumulate, historical CGL carriers who covered the facility during its pre-1986 operations may bear obligation to fund those 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.