This property was built in 1970 as a commercial structure and operated as a gas station — first as a Chevron, later remodeled to a Texaco in 1996. Underground storage tanks including four gasoline USTs, a used oil UST, a heating oil UST, and an abandoned 800-gallon steel UST were removed during the 1996 remodel. Contamination was first discovered in 1993 during vapor recovery retrofit work, confirming that USTs had been in service for decades. The site is enrolled in the Voluntary Cleanup Program with cleanup 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 storage and dispensing operations at this property date to 1970, placing more than fifteen years of UST operations squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. Confirmed groundwater contamination — lead, benzene, and petroleum hydrocarbons — traces directly to those decades of underground storage tank operations. With cleanup started and remediation costs accruing under the Voluntary Cleanup Program, historical carriers who covered the property during that pre-1986 operational window may be obligated both to recover costs already incurred and to fund the 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.