This property formerly operated as the Seabreeze Resort, featuring a pump island and grocery store supplied by three underground storage tanks holding leaded gasoline. A 1992 hazardous waste investigation by American Geotech Inc. determined that two of the 500-gallon tanks were approximately 50 years old at the time of inspection, placing their installation around 1942; the third 1,000-gallon tank was described as the newest of the three but still of pre-1986 vintage. Petroleum contamination has been confirmed in groundwater at the site, and cleanup work is underway. 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.
Leaded gasoline storage and dispensing at this property began circa 1942 — more than four decades before 1986, when occurrence-based Commercial General Liability policies routinely covered pollution events without an effective exclusion. The confirmed petroleum contamination in groundwater is directly tied to those decades of underground tank operations predating the 1986 cutoff. Historical carriers who issued CGL policies during that extended operational window may be obligated to reimburse cleanup expenditures already incurred and to fund the remediation work still ahead.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.