This property operated as a gas and service station from at least 1940 through approximately 1984, with multiple underground storage tanks and pump islands dispensing gasoline and diesel fuel under the Chevron brand. Cleanup activities have been ongoing since 1990 and have included multiple phases of UST removal and soil excavation, free-product recovery using vacuum trucks, bailing, absorbent socks, and automated skimmer systems, as well as long-term groundwater and LNAPL monitoring. More recent remediation efforts in 2022–2023 have involved in situ chemical oxidation and total liquids removal pilot tests, with soil vapor extraction also proposed and groundwater monitoring continuing into 2024. 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 — gasoline, diesel, and lead from the era of leaded fuel — originated from underground storage tanks and fuel-dispensing infrastructure installed and operated over more than four decades before 1986. Occurrence-based CGL policies issued to the station's operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. Over three decades of documented remediation expenditures — tank removals, soil excavation, free-product recovery, chemical oxidation, and ongoing monitoring — represent costs that historical carriers may be obligated both to reimburse and to continue funding as cleanup work proceeds.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.