This property has operated as a gasoline station since the 1980s, with underground storage tanks and product piping serving retail fuel operations. During a 2013 excavation, a previous generation of product piping was discovered abandoned beneath the then-current piping, indicating the station had already undergone at least one full equipment lifecycle. Groundwater contamination has been confirmed across the property, with an active plume in the central and southeastern portion carrying benzene, MTBE, lead, petroleum hydrocarbons, and non-halogenated solvents through multiple monitoring wells. Cleanup under the Voluntary Cleanup Program is ongoing. 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 station began in the 1980s, and UST infrastructure evidence — including a 1993 Stage II vapor recovery upgrade to existing tanks and abandoned prior-generation piping — points to original tank installations in the early-to-mid 1980s, before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The confirmed groundwater plume carrying benzene, MTBE, and lead represents exactly the kind of gradual release that pre-1986 policies were structured to cover. Remediation costs already incurred and still accumulating — excavation, UST work, long-term groundwater monitoring — may be recoverable from historical carriers whose policies were in force when these tanks first went into 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.