This property operated as a gasoline service station under Mobil Oil Company before BP Oil acquired it in 1988. Six single-wall steel underground storage tanks were removed in June 1993, and a subsequent SHARP report confirmed historical petroleum releases from those former USTs. In Fall 2023, a marked spike in groundwater concentrations was identified, with forensic analysis attributing the active contamination to a recent release of unweathered gasoline — distinct from the earlier legacy releases. Groundwater beneath the site carries TPH-G and BTEX concentrations above MTCA Method A cleanup levels, and the property lies within the travel-time zone for eight water supply wells. 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 operations at this site predate BP's 1988 acquisition, with single-wall steel USTs likely installed in the late 1960s to early 1980s — decades during which occurrence-based CGL policies carried no effective pollution exclusion in Washington. The SHARP report's confirmed historical releases from those former tanks represent a contamination origin squarely within the pre-1986 policy window. While the current investigation centers on a separate recent release identified in 2023, the documented legacy of historical petroleum contamination and its associated remediation costs remain tied to the earlier operational period when those CGL policies were in force.
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.