The Rocket Fuel Station operated as a gasoline service station at this property from 1960 to 1977, with an underground storage tank system supporting fuel dispensing operations. The UST system was removed in 1997, and subsequent subsurface investigations confirmed petroleum-gasoline contamination in groundwater beneath the site. The property entered the Voluntary Cleanup Program, with ongoing groundwater monitoring and remediation documented through multiple investigation phases. 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 fuel station operations that ran for seventeen years beginning in 1960 — more than two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The confirmed gasoline-range hydrocarbons in groundwater trace directly to those pre-1986 fueling operations. Remediation costs already incurred — UST removal, subsurface investigation, long-term groundwater monitoring — and those still ahead under the Voluntary Cleanup Program represent expenditures that historical carriers who issued policies during the 1960-to-1977 operational window may be obligated to cover.
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.