This property has operated as a Chevron gasoline and service station since 1964, with multiple underground storage tanks — including a leaded gasoline tank — dispensing fuel for retail sale. In 1994, seven USTs, four pump islands, and associated piping were excavated and removed along with approximately 1,050 to 1,250 cubic yards of contaminated soil, much of it treated by thermal desorption. A temporary groundwater recovery system treated 21,800 gallons of water that same year, ammonium sulfate was applied for biodegradation, and the site continues under monitored natural attenuation with ongoing groundwater monitoring. The property remains in active commercial use as a Chevron gas station and convenience store. 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 beginning in 1964 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures here — tank and pump-island removal, large-scale soil excavation and thermal treatment, groundwater recovery, biodegradation, and years of ongoing monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover past cleanup costs and to fund the continuing monitored natural attenuation program.
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.