This property operated as a Chevron gasoline service station with six underground storage tanks holding gasoline, diesel, heating oil, and waste oil, along with fuel dispensers, three hydraulic lifts, and an oil/water separator. After the station was decommissioned, cleanup in 1994 involved removal of all six USTs and associated infrastructure, excavation and treatment of 900 cubic yards of petroleum-contaminated soil, and pumping of 34,000 gallons of affected groundwater. The site remains under regulatory oversight, with a 2013 status update confirming continued monitoring of the 1994 cleanup. 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 property originated from underground storage tanks and fueling infrastructure that were in place well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs — UST removal, large-scale soil excavation, groundwater recovery, and nearly two decades of post-cleanup oversight — are expenditures tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the station's operating years may be obligated both to recover costs already incurred and to fund ongoing monitoring obligations.
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.