This property has operated as a retail fueling station in Point Roberts, with contamination evidence — including organic lead in gasoline — indicating petroleum handling predating the current underground storage tanks installed in 1988. Cleanup under the Voluntary Cleanup Program included soil excavation, interim stockpiling of contaminated soils, and the pumping and disposal of approximately 3,000 gallons of free product and water. Active remedial actions ceased around 2009, though the site continues to function as a Chevron-branded fuel station with an attached convenience store. 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 detection of organic lead in the petroleum contamination at this site is a chemical fingerprint of leaded gasoline — a product largely phased out before 1986 — establishing that fuel handling and releases occurred during the era when occurrence-based CGL policies carried no effective pollution exclusion. Documented remediation costs spanning soil excavation, free-product recovery, and multi-year program involvement represent expenditures tied to those historical operations. The carriers who issued policies during the pre-1986 operational window may be obligated both to recover past cleanup costs and to fund ongoing remediation at this still-active station.
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.