This property has operated as a gasoline service station since the mid-to-late 1940s, with aerial photographs from 1950 confirming the service station configuration. Cleanup under the Standard Cleanup program has included excavation and removal of underground storage tanks totaling over 21,000 gallons of capacity and associated contaminated soil, operation of groundwater and soil vapor extraction systems from 1992 to 1995, and long-term groundwater monitoring ongoing since 1990. The property remains an active Shell-branded gas station operated by Jacksons Food Stores Inc. 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 installed and operated for decades before 1986 — confirmation samples analyzed for lead during the 1993 tank removal point to historical leaded-gasoline use dating to the earliest years of the station's operation. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. More than three decades of documented remediation expenditures — tank removals, soil excavation, vapor extraction, and ongoing groundwater monitoring — represent costs the historical carriers may be obligated both to recover 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.
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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.