This property operated as a service station in Oakesdale with underground storage tanks — Tank #2 was installed in 1986, and excavation of the tank hole uncovered old oil cans, car parts, glass, and scrap metal, establishing that the site served as a vehicle-service and disposal facility well before that date. Groundwater monitoring in 1992 and 1993 confirmed significant petroleum contamination: sampling detected gasoline at 3.79 mg/L, benzene, toluene, ethylbenzene, and xylenes across multiple monitoring wells, along with total arsenic concentrations ranging from 25 to 308 ppm. Cleanup is underway under the 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.
Physical evidence recovered during tank excavation — oil cans, automotive parts, and other debris buried beneath the tank installation — establishes that Larry's Service operated as a fueling and vehicle-service facility before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination confirmed in groundwater beneath this property is consistent with long-term releases from fuel storage and handling operations spanning that pre-1986 window. Historical CGL carriers whose policies were in force during those earlier operations may be obligated to fund the ongoing remediation costs at this site.
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.