This property operated as a gasoline service station from 1950 through 1983, under successive operators including Shell Oil Co., Hal S Shell Service, and Circle K. The site was equipped with multiple underground storage tanks — a waste oil UST, two 2,950-gallon gasoline tanks, and one 2,000-gallon tank — along with fuel dispensers and service hoists. The property is now enrolled in Washington State's Standard Cleanup program, with active cleanup work 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.
The petroleum contamination at this property traces directly to underground storage tank operations that ran for more than three decades before 1986 — the last period in which occurrence-based Commercial General Liability policies were written without an effective pollution exclusion. Four USTs storing gasoline and waste oil, operating across multiple successive operators from the Korean War era through the early Reagan administration, represent a substantial and well-documented pre-1986 contamination source. Historical carriers who issued CGL policies to Shell Oil Co. or its successor operators during that window may be obligated to fund the ongoing Standard Cleanup costs now accruing at this site.
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.