Whidbey Marine & Auto Supply operated at this property as a retail gasoline service station, auto and boat supply store, and auto repair facility from approximately 1971 through 2014. Four underground storage tanks were installed between 1982 and 1986. Investigations have identified petroleum contamination — benzene, diesel-range, and gasoline-range hydrocarbons — in both a perched groundwater zone at approximately 60 feet below ground surface and in the Sea-Level Aquifer at roughly 100 feet, with light non-aqueous phase liquid (LNAPL) detected in the Sea-Level Aquifer, Whidbey Island's primary drinking water source. The site entered the Voluntary Cleanup Program and a Remedial Investigation/Feasibility Study was completed in May 2025; cleanup is underway. 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.
Gasoline service station operations and underground storage tank installations at this property began in the early 1970s and continued through the mid-1980s — squarely within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The petroleum contamination now documented in two distinct groundwater zones, including LNAPL in the island's drinking water aquifer, traces to releases from those pre-1986 fueling operations and UST infrastructure. Historical carriers who issued CGL policies during the 1971-to-1986 operational window may bear obligation for the remediation costs already incurred and the cleanup work still ahead.
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.