This property operated as a retail fuel station equipped with four 12,000-gallon single-wall fiberglass underground storage tanks — three for gasoline (including one designated for leaded gasoline) and one for diesel. A 2007 Baseline Site Assessment confirmed petroleum contamination in groundwater, with benzene concentrations reaching 600 µg/L and total petroleum hydrocarbons (TPH-Gx) up to 27,000 µg/L, both far exceeding MTCA Method A cleanup levels. The USTs were removed in 2014, and persistent groundwater contamination has been tracked through quarterly monitoring continuing through 2025; cleanup remains ongoing 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.
The presence of a dedicated leaded-gasoline tank — a fuel grade phased out of retail sale by the mid-1980s — and the single-wall fiberglass tank construction that predates 1988 EPA double-wall requirements together indicate this station's fuel distribution infrastructure was in place before 1986. Occurrence-based CGL policies issued during that pre-1986 operational window carried no effective pollution exclusion in Washington. The documented remediation expenditures here — UST removal, site assessment, and more than a decade of quarterly groundwater monitoring — represent cleanup costs that historical carriers may be obligated to fund as this site's remediation continues.
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.