This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
A Shell gasoline station operated at this Aberdeen property through the 1970s, with underground storage tanks and pump stations dispensing gasoline and diesel. Harbor Tool Rental took over in 1979 and has operated a tool and equipment rental business at the site since. Remediation efforts spanning at least 29 years have included the decommissioning of two USTs in 1988 and the removal of two additional USTs, a slab, and a pump island between 2016 and 2017; documented leaks from the Shell-era pump stations left petroleum contamination above cleanup level limits. Remaining work includes excavation of approximately 4 cubic yards of contaminated soil and potential removal of older decommissioned tanks, with estimated costs of $15,000 to $50,000. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 petroleum contamination at this property traces directly to pump station leaks from the Shell gasoline station that operated here through the 1970s — well before the 1986 shift away from occurrence-based CGL coverage. Shell and its franchisee operators would have carried CGL policies during those years, policies whose occurrence-based triggers attach to the contamination event rather than its discovery. The excavation and tank-removal costs now facing this property — estimated at up to $50,000 — represent expenditures that the carriers behind those pre-1986 Shell-era policies 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
