This property operated as a fueling facility with four underground storage tanks — one 6,000-gallon diesel, one 8,000-gallon super unleaded, and two 10,000-gallon tanks — along with a pressurized piping system, all installed in 1974. Tank integrity testing conducted in 1989 and 1992 confirmed the long-standing presence of this infrastructure, and a 1995 subsurface soil investigation identified petroleum-contaminated soil at depths of five to six feet below ground surface, where water-saturated conditions were encountered. Groundwater has been confirmed as an affected medium, and cleanup is underway under Washington's Standard 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 traces directly to underground storage tanks and pressurized piping installed in 1974 — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The documented contamination of both soil and groundwater from those pre-1986 fueling operations represents the kind of long-duration release that historical CGL policies were structured to cover. Cleanup costs already incurred and those still ahead may be recoverable from the carriers who insured this facility during the years the tanks were in active service.
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.