This property operated as a retail fuel service station from 1928 through 1967, with Sanborn Maps confirming structures on the site as early as 1902. A 1,000-gallon leaded gasoline underground storage tank was removed in 1987. A Partial Remedial Investigation/Feasibility Study completed in 2014 confirmed groundwater contamination with gasoline-range organics and BTEX compounds exceeding MTCA Method A cleanup levels; additional contaminants including PAHs, lead, and benzene have been identified in groundwater. The site is currently awaiting cleanup. 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.
Fuel dispensing operations at this property began in 1928 — nearly six decades before 1986, the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims. The leaded gasoline UST removed in 1987 had been in service throughout that pre-1986 window, and the petroleum and lead contamination now documented in groundwater traces directly to those decades of fuel storage and dispensing. The investigation, design, and remediation costs the property now faces could plausibly be funded by historical carriers whose CGL policies were in effect during the station's operating period.
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.