This property has operated as a service station since at least 1973, originally as a United Pacific Station. Three gasoline underground storage tanks — one 5,100-gallon and two 10,000-gallon — were removed in August 1990, with replacement tanks installed at that time. An initial site assessment was conducted in 1989 by Applied Geotechnology Inc., and the property entered the Voluntary Cleanup Program. Petroleum hydrocarbons, including benzene, have been detected in groundwater, and a dissolved-phase hydrocarbon plume has migrated off-site to the adjacent downgradient property. 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 date to at least 1973 — more than a decade before 1986, when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination in groundwater here, including benzene and other hydrocarbons, originated from tanks that operated throughout that pre-1986 coverage window. With cleanup underway and a contaminant plume extending beyond the property boundary, remediation costs are ongoing, and historical carriers who insured the station during those early operating years may 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.