Gasoline contamination at this Mount Vernon property has been tracked since 1988, with the most likely source identified as an adjacent Chevron station that operated from the 1960s through the early 1980s. Petroleum odors were noted as early as the 1970s and gasoline fumes confirmed by 1986. Cleanup activities have included historical tank removals, pumping, steam cleaning, and sealing of a contaminated telephone vault, with the site under ongoing management as a Standard Cleanup project. 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 gasoline contamination here traces to service station operations that began in the 1960s — more than two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. This is characterized as long-time contamination with no recent accidental release, meaning the releases occurred squarely within the window when historical carriers were issuing occurrence-based policies in Washington. The remediation costs already incurred and the cleanup work still ahead represent expenditures those 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.