This property has been in commercial use since 1918, with a petroleum company listed as a lessee as early as 1930 and subsequent operations including automobile repair, car dealerships, fueling, and equipment rental. The site housed a gasoline dispensing facility with underground storage tanks; three USTs were removed in 1993. Groundwater investigations have identified halogenated solvents, conventional organic contaminants, arsenic, and petroleum-gasoline contamination at the property. Cleanup construction has been completed under Ecology's Standard Cleanup program, and the site is now in performance monitoring. 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.
Petroleum and solvent-related operations at this property date to at least 1930 — more than five decades before 1986, when occurrence-based Commercial General Liability policies still covered pollution claims without an effective exclusion. The groundwater contamination documented here — halogenated solvents, arsenic, and petroleum hydrocarbons — traces to decades of fueling and automotive operations conducted under those historical policies. Remediation costs already incurred, together with the ongoing monitoring obligations, represent expenditures that historical carriers 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.