This property operates as an active Chevron fueling station and convenience store with two pump islands and underground storage tanks, previously operated as a fueling station by Maid O’Clover, Inc. A petroleum release was discovered in 1992 during installation of cathodic protection systems on the existing tanks, with contamination including petroleum hydrocarbons, BTEX, and organo-lead compounds (tetraethyl lead and tetramethyl lead) — markers of leaded gasoline use. The cleanup plan under the Standard Cleanup program calls for in situ injections of chemical oxidants and biological amendments across 65 injection points, followed by multi-year quarterly groundwater monitoring and soil confirmation sampling. 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 organo-lead compounds at this site ties the contamination directly to the era of leaded gasoline, which was phased out by the mid-1980s — placing the origin of contamination squarely within the window when occurrence-based CGL policies carried no effective pollution exclusion. The 1992 release discovery and subsequent remediation program — chemical oxidant injections, biological amendments, and years of groundwater monitoring — represent documented cleanup expenditures tied to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the leaded-gasoline era may be obligated both to recover costs already incurred and to fund the ongoing remediation work.
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.