This property operated as Dick's Tire Factory, a combined tire service and card-lock fueling station with multiple underground storage tanks storing diesel, regular, and super unleaded gasoline. Cleanup activities have included the removal of two 1,000-gallon gasoline USTs in 1991, excavation of 43.26 tons of petroleum-contaminated soil for thermal treatment in 1996, and a 2001 diesel spill response that required absorbent application, excavation to 18–24 inches, and off-site disposal of an additional 14.39 tons of contaminated soil. The site was listed as a State Cleanup Site by 2005, and remediation remains ongoing. 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 two gasoline USTs removed from this property in 1991 were likely in service by the mid-1960s, based on the typical 25-year operational life of underground storage tanks of that era — placing fueling operations at this site well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Petroleum contamination — including benzene, diesel, and gasoline compounds — has been confirmed in soil, with additional contamination suspected in groundwater. The remediation costs already incurred and those still ahead represent expenditures that historical CGL carriers who covered the facility during its pre-1986 fueling operations may be obligated to fund.
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.