A gasoline service station has operated at this property since 1969, with at least three generations of underground storage tanks installed in 1969, 1985, and 1993. Releases from historical operations occurred prior to 1990, producing confirmed groundwater contamination including lead, benzene, gasoline-range and diesel-range petroleum hydrocarbons, and suspected polycyclic aromatic hydrocarbons. A localized surface spill in 2017 added to the contamination footprint, though regulatory documents distinguish it from the earlier, more extensive historical releases. The site entered the Voluntary Cleanup Program, and cleanup is 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 petroleum releases at this station originated from underground storage tanks installed in 1969 and 1985 — both squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Regulatory documents confirm the historical contamination predates 1990, tying it directly to operations that would have been covered under those pre-1986 policies. With cleanup underway and groundwater contamination confirmed across multiple contaminant classes, the remediation costs already incurred and those still ahead could plausibly be recovered from historical carriers whose policies were in force during the decades of active petroleum operations.
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.