This property operated as a gasoline station with six underground storage tanks at 408 S Main St in Ellensburg. The USTs were removed in April 1990, and a subsequent Ecology investigation confirmed leaking underground storage tank contamination requiring cleanup. Groundwater contamination — including gasoline-range petroleum hydrocarbons (GRPH), diesel-range petroleum hydrocarbons (DRPH), and BTEX compounds — has been confirmed, with off-site migration to the immediately down-gradient property identified. The site is currently awaiting cleanup under the Standard 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.
The six underground storage tanks removed from this former gasoline station were, by standard industry lifecycle analysis, almost certainly installed and operating well before 1986 — the year occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The petroleum contamination now confirmed in groundwater and migrating off-site originated from releases during that pre-1986 operational window. The investigation, remediation design, and cleanup costs the property owner faces could plausibly be funded by historical carriers whose occurrence-based policies were in force when these tanks were actively dispensing fuel.
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.