This property operated as a Shell gasoline station from 1955 to 1982, with six underground storage tanks ranging from 500 to 10,000 gallons storing leaded gasoline, unleaded gasoline, and waste oil. Budget Rent A Car purchased the operation in 1983, and the USTs were removed between 1983 and 2003. Cleanup under the Voluntary Cleanup Program has included excavation of over 10,000 tons of gasoline-affected soil, operation of a pump-and-treat groundwater containment system from 2003 to 2008, and deployment of soil vapor extraction and air sparging systems, with ongoing groundwater monitoring and natural attenuation continuing through the project. 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.
Gasoline contamination at this property originated from underground storage tanks installed and operated during a Shell station era that began in 1955 — more than three decades before occurrence-based CGL policies were displaced by claims-made forms with pollution exclusions. Documented remediation expenditures already total an estimated $1,669,300, covering soil excavation, pump-and-treat operations, vapor extraction, and long-term monitoring — costs tied directly to releases from those pre-1986 fueling operations. Historical carriers who issued CGL policies to the Shell or Budget operators during the 1955–1983 window may still be obligated both to recover past cleanup costs and to fund the monitoring that remains 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.
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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.