This facility was built in 1976 as a processing building and fuel station for Orchard Rite, equipped with three underground storage tanks — a 10,000-gallon gasoline tank, a 1,100-gallon unleaded gasoline tank, and a 1,100-gallon diesel tank — used to refuel company vehicles and equipment. The fuel station was discontinued around 1989, but gasoline releases into soil and groundwater had already occurred; a 2008 laboratory analysis confirmed diesel in groundwater exceeding MTCA Method A Cleanup Levels. The site entered the Voluntary Cleanup Program, and quarterly groundwater monitoring is ongoing — three 2025 sampling events have returned non-detect results, with Ecology requiring four consecutive clean quarters before granting No Further Action status. 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.
Petroleum contamination at this site originated from underground storage tanks installed and operated beginning in 1976, a full decade before occurrence-based Commercial General Liability policies ceased covering pollution claims. The documented releases of gasoline into both soil and groundwater trace directly to that pre-1986 operational window. Remediation costs already incurred — site assessment, tank closure, and years of groundwater monitoring — along with the monitoring still required to achieve regulatory closure, represent expenditures that historical carriers who insured the facility during the 1976–1986 period may be obligated both to recover and to fund going forward.
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.