This property operated as a gasoline station under successive names — including Crandall's Airport Grocery and Bob & Cindy's Airport Grocery — with three underground storage tanks on site: two 2,000-gallon USTs installed circa 1980 and 1983, and a smaller tank that last stored gasoline in 1984. All three tanks were closed in 1989, and contamination was first identified in 1993. A 2013 remedial investigation documented a petroleum-contaminated groundwater plume extending approximately 1,400 feet from the source area, impacting at least three downgradient domestic water wells and posing a potential pathway to the Pend Oreille River. Cleanup is underway 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.
Petroleum contamination at this site originated from underground storage tanks installed in 1980 and 1983 — years when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The scale of the documented impact — benzene and gasoline-range hydrocarbons in a groundwater plume stretching 1,400 feet and threatening domestic water supplies — points to remediation costs that are both substantial and ongoing. Historical carriers who issued CGL policies during the pre-1986 operational window may be obligated to recover expenditures already incurred and to fund the cleanup work that remains.
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.