This property has operated as a gasoline service station since 1950, with a documented operator history spanning Jay Fancy (1950–1962), UNOCAL (1962–1968), Scarteen Corporation (1968–1988), and James McGranahan (1988–1990). Prior to 1985, one heating oil tank and one waste oil tank were removed from the site, and two underground steel gasoline storage tanks were removed and replaced prior to 1989. Groundwater monitoring wells were installed and sampled quarterly from 1989 through 2006, with benzene and petroleum hydrocarbons confirmed in groundwater above MTCA Method A cleanup levels. Cleanup is ongoing 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.
This gas station operated continuously from 1950 through the late 1980s under four successive operators — a nearly four-decade window that falls entirely within the era when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. That pre-1986 operational history, including underground storage tank infrastructure installed and removed during that period, establishes a basis for examining whether historical CGL coverage may apply to the documented remediation expenditures at this site. With cleanup still in progress, those costs — including decades of groundwater monitoring — may continue to accrue.
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.