This property operated as a gasoline service station from 1948 to 1969, with underground storage tanks and a fueling island dispensing petroleum products over the course of more than two decades. A Phase II environmental site assessment confirmed the presence of gasoline-range TPH, benzene, diesel, and oil in soil and groundwater attributable to those historical operations. Investigation-derived waste has been containerized in 55-gallon drums, and the site has initiated an Independent Action under the PLIA Technical Assistance Program; active cleanup has not yet commenced. 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 at this property originated from underground storage tank operations that ran for more than two decades before 1986 — well within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Carriers who issued CGL coverage to the operators of this service station during its 1948-to-1969 run wrote those policies when gradual petroleum releases from USTs were a covered occurrence. The remediation costs this property now faces — ongoing investigation, waste management, and the multi-year cleanup anticipated under PLIA — are the type of expenditure that pre-1986 historical carriers may be obligated to fund.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.