This property has operated as a fuel service station since 1951, when Jard's Petroleum opened on the site. Underground storage tanks — including a 6,000-gallon gasoline tank and a 4,000-gallon diesel tank — were in service for decades before their removal in 1991. Groundwater contamination was documented as early as February 1986, and subsequent investigations confirmed petroleum hydrocarbons including BTEX, TPH-gasoline, TPH-diesel, and free-product gasoline exceeding MTCA Method A cleanup levels. Cleanup work at the site is ongoing 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.
Petroleum contamination at this property originated from underground storage tanks installed and operated continuously from 1951 — more than three decades before 1986, when occurrence-based CGL policies still carried no effective pollution exclusion under Washington law. The documented remediation expenditures — UST removal, multiple rounds of investigation, and ongoing groundwater cleanup — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that 35-year operational window may be obligated both to recover past cleanup costs and to fund the remediation work that remains.
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.