This property has operated as a gasoline station since 1947, alongside a grocery store, with five underground storage tanks installed across multiple decades — a 2,000-gallon tank predating 1968, a 5,000-gallon unleaded supreme tank and a 15,000-gallon diesel tank installed in 1968, and a 10,000-gallon regular tank and a 12,000-gallon unleaded regular tank installed in 1980. Petroleum contamination has been confirmed in groundwater, including benzene, diesel-range and gasoline-range hydrocarbons, and other non-halogenated organics. Cleanup under the Standard Cleanup Program is 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.
Gasoline operations at this property date to 1947, nearly four decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The groundwater contamination documented here — benzene, diesel, gasoline, and other petroleum constituents — originated from underground storage tanks that were installed and operated well within the pre-1986 CGL coverage window. The remediation costs being incurred under the Standard Cleanup Program, and those still ahead, represent expenditures that historical carriers who insured this station during those decades 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.