This property at 2805 Broadway in Everett operated as a gasoline service station under Loggers Supply & Service Inc., with three to four underground storage tanks that were already abandoned with no records of their size or location by 1989. A 1990 waste discharge permit identified the site as a former service station contaminated with gasoline, and in-situ treatment was conducted to address petroleum-affected soil. A Remedial Investigation/Feasibility Study work plan was prepared in 1993 to address surface and subsurface contamination, including petroleum migration from adjacent areas. Ecology's 2011 field investigation and 2013 status review confirmed soil and groundwater contamination with gasoline, BTEX, and oil above regulatory levels; cleanup work remains underway. 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 underground storage tanks at this site were installed and operated well before 1986 — abandoned by 1989 with no surviving records, consistent with tanks dating to the 1960s or 1970s. Occurrence-based CGL policies issued to the station's operators during that era had no effective pollution exclusion and remain enforceable in Washington. The documented remediation expenditures — in-situ treatment, site investigation, feasibility study, and ongoing cleanup for gasoline and BTEX contamination in soil and groundwater — represent costs that historical carriers may be obligated both to recover and to fund going forward.
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.