This property has operated as a Chevron gasoline station since 1972, with underground storage tanks holding gasoline and diesel for retail sale. A leak of 4,000 to 6,000 gallons of gasoline from a product line was discovered in December 1984, triggering cleanup activities that have continued under the Voluntary Cleanup Program for nearly three decades — including UST removal and soil excavation, a horizontal recovery trench that captured 2,600 gallons of free product, pumping and off-site disposal of 6,500 gallons of contaminated groundwater, a vapor extraction system that removed nearly 12,000 pounds of petroleum vapors between 1992 and 1995, oxygen injections for biodegradation in 2008, and groundwater monitoring from 1991 through 2012. The station remains in active operation as a Chevron facility. 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 originated from gasoline storage and distribution infrastructure installed and operated continuously from 1972 — more than a decade before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The massive product-line leak discovered in 1984 and the decades of remediation that followed — free-product recovery, groundwater treatment, vapor extraction, biodegradation, long-term monitoring — represent substantial documented cleanup expenditures tied directly to those pre-1986 operations. Historical carriers who wrote CGL coverage for the station during that window may be obligated both to reimburse past remediation costs and to fund the cleanup work that remains.
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.