This bulk petroleum facility in Onalaska has been in operation since approximately 1982, founded by Lawrence Extine and subsequently operated by Mark Rasbaugh. By the time of a 1992 site investigation, the property housed six large aboveground storage tanks ranging from 5,000 to 25,000 gallons, a fuel pump island, fill pipes, and a cement-lined oil pit — infrastructure consistent with years of bulk fuel distribution. Inspectors documented widespread soil staining, overfilled product containment areas, and an oil pit filled with waste oil. Multiple contaminants — including benzene, MTBE, lead, petroleum hydrocarbons, and halogenated organics — are suspected in groundwater, and 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.
Extine Petroleum's bulk fuel operations date to approximately 1982, four years before the 1986 shift from occurrence-based to claims-made Commercial General Liability policies. CGL policies issued to the facility's operators during that pre-1986 window carried no effective pollution exclusion under Washington law and may still respond to the contamination liabilities now facing the property. With cleanup yet to begin and suspected groundwater contamination spanning petroleum products, benzene, lead, and halogenated organics, the remediation costs ahead could be substantial — and historical carriers who covered the facility during its early years of operation may bear an obligation to fund them.
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.