This property was developed as a gas station in 1971, with underground storage tanks installed that same year — following roughly three decades of prior use as the Pullman Junk Company scrap yard. At least one of the original 1971 tanks leaked, and all original USTs were replaced in 2002. Under the Voluntary Cleanup Program, a pump-and-treat system was installed in 2013 and has treated approximately 279,137 gallons of petroleum-contaminated groundwater, with ongoing monitoring for BTEX and other petroleum hydrocarbons. 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 site originated from underground storage tanks installed in 1971 — fifteen years before the 1986 shift away from occurrence-based CGL policies. The documented remediation costs — tank replacements, a pump-and-treat system, and years of groundwater monitoring — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the 1971-and-forward operational window may still be obligated to recover past cleanup expenditures and 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.