This property has operated as a gasoline service station since 1963, initially with underground steel storage tanks that were replaced with fiberglass tanks in 1985. Contamination was discovered in January 1990, prompting excavation and removal of three underground storage tanks, associated product lines, service islands, hydraulic lifts, and the former service station building, with approximately 500 cubic yards of contaminated soil removed and aerated on site. Extensive groundwater monitoring and sampling has been conducted from at least 1992 through 2007 and remains ongoing under the Voluntary Cleanup Program. The property continues in active use as a service station, now operated under the Chevron brand. 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 underground steel storage tanks installed and operated beginning in 1963 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The documented remediation costs here — tank removal, large-scale soil excavation, and over fifteen years of groundwater monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies to the operators during that window may be obligated both to recover past cleanup expenditures and to fund the ongoing monitoring work 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.