This property has operated as a Shell-branded retail fuel station at 852 Rainier Avenue South in Seattle, with underground storage tanks in service prior to their removal in April 1987. Cleanup under the Voluntary Cleanup Program has included the removal of three former USTs, abandonment and replacement of monitoring wells in the early 1990s, and installation of an ongoing groundwater extraction system using four active remedial wells. Groundwater monitoring has been conducted from 1989 through 2017, with annual monitoring events recommended going forward. The site remains in active commercial use as a fuel station with a convenience store and car wash. 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.
Petroleum contamination at this site traces to underground storage tanks that were in operation before 1986 — a timeline confirmed by the 1987 UST removal and the persistent detection of total lead in groundwater, a hallmark of leaded gasoline that was largely phased out before that date. Occurrence-based CGL policies issued to the operator during those pre-1986 years carried no effective pollution exclusion under Washington law. The documented remediation expenditures — tank removals, well installations, decades of groundwater extraction and monitoring — represent costs the historical carriers may be obligated both to recover and to continue funding as cleanup remains ongoing.
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.