This property operated as a gasoline service station — formerly branded as Exxon Station 7-3372 — with retail petroleum operations dating to at least the early 1980s and five single-wall steel underground storage tanks whose construction type and 1988 release history indicate installation well before 1986. A petroleum release from the USTs was reported in 1988, and site assessment confirmed that soil beneath the tanks was already contaminated before a subsequent leak. All five tanks were removed on February 2, 1993, and the site entered Washington's Voluntary Cleanup Program. Cleanup is ongoing, with confirmed contamination in groundwater including lead, benzene, petroleum hydrocarbons, and non-halogenated solvents. 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 station originated from single-wall steel USTs that were installed and operating years before 1986, when occurrence-based Commercial General Liability policies covered pollution claims without an effective exclusion. The 1988 release report and the finding that soil was contaminated before any subsequent leak confirm that the contamination predates the modern policy era. Documented remediation costs — tank removal, site assessment, ongoing Voluntary Cleanup Program work — represent expenditures that historical carriers who insured the station during its pre-1986 operations may be obligated both to recover and to fund going forward.
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.