This ARCO gas station (Facility No. 5300) in Longview released gasoline, benzene, MTBE, and lead into groundwater from its underground storage tanks. Remediation included chemical oxidation treatment and years of groundwater monitoring to address the petroleum contamination. The site has received a No Further Action determination from the Washington Department of Ecology. 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 contamination profile at this ARCO station — gasoline, benzene, MTBE, and lead from underground storage tanks — is characteristic of releases from long-standing petroleum operations predating 1986. MTBE contamination in particular points to fuel storage from the late 1970s through the early 2000s, a period when occurrence-based CGL policies were still in effect and carried no effective pollution exclusion. The remediation costs incurred here — chemical oxidation and extended groundwater monitoring — represent the type of cleanup expenditures that historical carriers who insured the station during its pre-1986 operations may be obligated to cover.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.