This property has operated as a truck stop and fueling station since before 1996, originally under the name Steve's Truck Stop before Pilot Travel Center took over operations. Four steel underground storage tanks were in service at the site and required relining in 1996, when the former building was also demolished for new construction. Subsequent contamination events include a 2018 gasoline release and an October 2023 gasoline spill, and petroleum-related compounds — benzene, diesel-range and gasoline-range hydrocarbons, and non-halogenated solvents — have been confirmed in groundwater and air. The site is enrolled in Washington's Voluntary Cleanup Program under two Agreed Orders, with cleanup work ongoing. 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 steel underground storage tanks at this property were likely installed in the 1970s, based on their need for relining after roughly two decades of service, placing the site's fueling infrastructure within the pre-1986 era when occurrence-based CGL policies were the industry standard. Those policies, issued without effective pollution exclusions in Washington, may still respond to cleanup obligations at properties where insured fueling operations took place during the coverage period. With remediation now underway at this site under two Agreed Orders, historical carriers who insured the truck stop during its pre-1986 operational window may bear responsibility for a share of the documented cleanup costs.
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.