This 0.21-acre property has operated as the Shelton Shell gas station and convenience store, with three single-walled steel underground storage tanks installed in 1979. A leak from one of those USTs was discovered and reported in 2007, revealing gasoline-range petroleum contamination in soil and groundwater. Cleanup under the Voluntary Cleanup Program has included removal of all three USTs, excavation and off-site disposal of 1,324 tons of petroleum-contaminated soil, installation of monitoring wells, and quarterly groundwater monitoring spanning multiple years, with in-situ treatment under consideration. 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 petroleum contamination at this property originated from underground storage tanks installed in 1979 — seven years before occurrence-based Commercial General Liability policies gave way to claims-made forms with effective pollution exclusions. The leak went undetected for decades before its 2007 discovery, exactly the kind of long-duration, progressive release that pre-1986 CGL policies were structured to cover. Documented remediation expenditures — tank removal, large-scale soil excavation, well installation, years of groundwater monitoring, and potential in-situ treatment — represent costs that historical carriers on the risk during the 1979–1986 window may be obligated both to reimburse and to fund going forward.
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.