The East Valley Market property has operated as a gasoline station since at least 1964, when two underground storage tanks were installed for retail fuel sales. The USTs remained in service for decades before being removed, with aboveground storage tanks replacing them in 1998. A 2003 site investigation identified petroleum contamination from two distinct sources — aged gasoline from the historical USTs and a more recent release from the aboveground tanks — with gasoline-range organics, BTEX, and lead confirmed in groundwater at multiple monitoring wells. Cleanup is underway through Washington's Voluntary 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.
Underground gasoline storage tanks were installed at this site in 1964 — more than two decades before the 1986 shift from occurrence-based to claims-made Commercial General Liability policies. CGL policies in force during those pre-1986 operating years carried no effective pollution exclusion under Washington law and remain enforceable today. The documented groundwater contamination traced to those historical USTs, along with the ongoing remediation costs under the Voluntary Cleanup Program, represent the type of long-tail environmental liability those policies were written to cover. Historical carriers who insured the station's operators during the 1964–1986 window may be obligated to fund both past and continuing cleanup expenditures.
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.