This property at 500 East Holly Street in Bellingham operated as a Phillips 66 service station and Midas Muffler facility before closing prior to 2001. A Phase II environmental assessment identified petroleum contamination — gasoline, diesel, and oil-range hydrocarbons — in both soil and groundwater, consistent with releases from underground storage tank operations. Remedial action and groundwater investigation were conducted under the Voluntary Cleanup Program, and the site has since received a No Further Action determination from Ecology. 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.
The Midas Muffler brand has operated nationally since 1956, and Phillips 66 is a long-established petroleum company — both well within the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The UST-pattern petroleum contamination found in soil and groundwater at this Bellingham service station is consistent with the type of gradual release those older policies were designed to cover. Historical CGL carriers who insured the station's operators during its pre-1986 operational years may bear obligation for the remediation costs incurred to bring the site to its current No Further Action status.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.