This property has a documented history as a gasoline service station going back to 1974. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a Shell-branded gasoline service station with two dispenser islands and three underground storage tanks — two gasoline USTs (12,000- and 10,000-gallon) and one 8,000-gallon diesel UST. Three older USTs were removed from the southern portion of the property in 1999, and petroleum hydrocarbon contamination was identified downgradient of the former UST footprint. The site is enrolled in the Voluntary Cleanup Program with ongoing quarterly and annual groundwater monitoring; contaminant concentrations have shown decreasing trends in some wells since 2008. The property remains in active commercial use as a Shell-branded wholesale fuel facility. 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.
The USTs removed in 1999 were consistent with installations dating to at least 1974, placing the origin of petroleum contamination squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Years of documented remediation expenditures — tank removals, investigation, and ongoing groundwater monitoring — were incurred to address releases tied to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover past cleanup costs and to fund the monitoring and remediation work that continues today.
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.