A filling station was constructed at this property as early as 1924, and a Standard Oil (later Chevron) service station operated here from approximately 1941 until 1977, when the station was demolished and the property was sold. The site contained fuel dispenser islands and underground storage tanks supplying them throughout its operational life. Cleanup under the Standard Cleanup program has included soil excavation, off-site disposal of contaminated soil and groundwater, separate-phase hydrocarbon removal using absorbent socks, and multi-year groundwater monitoring. Remediation work is ongoing. 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 traces to fuel storage and dispensing operations that began decades before 1986 — the year occurrence-based CGL policies stopped reliably covering pollution claims in Washington. The presence of lead in soil and groundwater samples points to leaded gasoline use during the station's pre-1986 operating history, reinforcing the historical origin of the release. Documented remediation costs already incurred and the continuing expense of groundwater monitoring and hydrocarbon removal represent expenditures that historical carriers who issued CGL policies during the 1924-to-1977 operational window 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.