This property operated as a fuel service station from approximately 1972 through 1998, with five underground storage tanks — four for gasoline — in continuous service for decades. The building was constructed in 1983, and a warranty deed records the property's sale to Joe Gillis in April 1984. The gasoline USTs were temporarily closed in 1998, and the site is now awaiting cleanup under Washington's Standard Cleanup program. A SHARP Report has identified suspected petroleum contamination in groundwater — including benzene and gasoline-range compounds — based on documented soil impacts and proximity to the USTs, with groundwater at nearby properties recorded between nine and thirteen feet below ground surface. 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.
Fuel dispensing operations at this property began approximately fourteen years before 1986, the threshold year after which occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The suspected benzene and petroleum-gasoline contamination in groundwater traces directly to decades of UST operations that predate that cutoff. With cleanup yet to commence, the investigation, remediation, and long-term monitoring costs this property now faces could plausibly be funded by historical carriers whose CGL policies were in force during the 1972-to-1986 operational window.
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.