This property has operated as a gasoline service station with a building dating to 1958 and large underground storage tanks that were already aging when gasoline vapors were detected in a nearby basement in November 1988. The old 10,000-gallon USTs were removed and replaced in January 1989, and a 1992 Enforcement Order confirmed hydrocarbon-contaminated soil and groundwater at the site. A 1994 Remedial Investigation identified petroleum hydrocarbons, BTEX compounds, and free-floating gasoline product in monitoring wells. Cleanup is underway through the 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.
The petroleum contamination at this site originated from underground storage tanks that were installed well before 1986 and had deteriorated to the point of leaking by 1988 — placing the onset of contamination squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. The documented remediation costs — tank removal, soil and groundwater investigation, enforcement-ordered cleanup — trace directly to releases from those pre-1986 operations. Historical carriers whose policies were in effect during the decades these tanks were in service may bear an obligation to fund the ongoing cleanup.
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.