Pierce County Assessor records confirm this property was constructed in 1963 as a gasoline service station with two service bays and three underground storage tanks. The facility operated under multiple names — including West Star Corporation and Penn-Dell Mart — before the USTs were removed in 2007. A 2016 Limited Subsurface Investigation found gasoline-range petroleum hydrocarbons in groundwater at concentrations far exceeding MTCA Method A cleanup levels, including benzene at 52 times the standard, with contamination extending north and northeast of the former tank locations. Cleanup is underway 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.
Gasoline storage and dispensing operations at this property began in 1963 — more than two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions in 1986. The petroleum and benzene contamination now documented in soil and groundwater traces directly to those decades of pre-1986 UST operations. Remediation costs already incurred and those still ahead — investigation, groundwater treatment, long-term monitoring — represent expenditures that historical carriers who covered this facility during its 1963-to-1986 operating window may be obligated to fund.
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.