This property has operated as a Shell service station since at least 1925, with underground storage tanks installed in 1965 and 1970 for gasoline and waste oil. Cleanup under the Voluntary Cleanup Program has included excavation and removal of approximately 4,000 cubic yards of contaminated soil, decommissioning of multiple USTs between 1988 and 1992, and operation of a Soil Vapor Extraction and groundwater treatment system from 1992 to 1993 that recovered 848 pounds of volatile hydrocarbons and treated over 146,000 gallons of groundwater. A Monitored Natural Attenuation program with quarterly to annual groundwater sampling has been in place since at least 1991 and is expected to continue for several years. 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 storage tanks and associated piping that were in service for decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The remediation cost trail here is substantial — large-scale soil excavation, tank removals, vapor extraction, groundwater treatment, and more than three decades of ongoing monitoring — all tied to releases from those pre-1986 operations. Historical carriers who issued CGL policies during that operational window may be obligated both to reimburse remediation costs already incurred and to fund the monitoring program still 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.