This property has a documented history as a gasoline service station going back to 1965. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a Shell-branded gasoline service station since approximately 1965, with underground storage tanks installed in 1978 for fuel dispensing. A 2006 notice of violation cited a release of petroleum product from an underground storage tank at the site. Cleanup efforts have included introduction of hydrocarbon-degrading bacteria into the subsurface, periodic groundwater purging from monitoring wells, and extensive groundwater monitoring ongoing since at least 2005, though a 2011 Snohomish Health District report noted that no documented remediation effort had occurred to that date. Cleanup work remains in progress. 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.
Petroleum contamination at this site originated from underground storage tanks and piping installed and operated well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The gasoline-range releases documented here are the type of gradual, operations-linked contamination those pre-1986 policies were written to cover. With cleanup still underway, historical carriers who issued CGL policies during the station's pre-1986 operational window may be obligated both to recover past remediation expenditures and to fund the cleanup costs that remain ahead.
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.