This property operated as a gasoline station with three steel underground storage tanks installed approximately 1973. A leaky turbine pump gasket was discovered in 1988, triggering subsurface investigation, and the site was entered into Ecology's database as a leaking UST site in 1992. The tanks were removed in June 2003, and a 2005 site assessment confirmed gasoline-range TPH and benzene contamination in groundwater exceeding MTCA Method A cleanup levels at multiple monitoring wells. A soil vapor extraction and air sparging treatment system has been installed and is currently operating as part of ongoing cleanup. 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.
The underground storage tanks at this property were installed around 1973, placing the start of gasoline operations more than a decade before 1986 — the era when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination confirmed in groundwater here traces to infrastructure from that pre-1986 operational period. With active remediation underway — vapor extraction, air sparging, long-term monitoring — the cleanup expenditures already incurred and those still ahead may be recoverable from historical carriers whose CGL policies were in force during those years of tank operation.
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.