This property has operated as a gasoline service station since 1959, when Phillips 66 developed the facility with underground storage tanks for retail fuel sales. Successive operators — an independent owner from 1978, Mobil from 1982 to 1987, and Mountain Oil, Inc. thereafter — continued fueling operations through the present day under the current operator, GUR K&G LLC. A 1993 gasoline spill contaminated groundwater with benzene and petroleum hydrocarbons; active remediation ran from 1993 to 1998, followed by groundwater monitoring through 2014. The original USTs were removed and replaced in 1987, and the site is currently under monitored natural attenuation with quarterly groundwater sampling through the Voluntary 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 and operated by Phillips 66 beginning in 1959 — twenty-seven years before occurrence-based CGL policies ceased reliably covering pollution claims. The groundwater contamination confirmed here, including benzene and petroleum hydrocarbons at levels above cleanup standards, traces directly to infrastructure and operations conducted during that pre-1986 window. Decades of documented remediation expenditures — active cleanup from 1993 to 1998, long-term monitoring, and ongoing natural attenuation — represent costs that historical carriers who issued CGL policies to Phillips 66, Mobil, or their successors during the 1959–1986 period may be obligated both to recover and to fund going forward.
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.