This property has operated as a gasoline service station since the 1970s, currently franchised as a Shell station with a convenience store, two pump islands, and three underground storage tanks dispensing unleaded gasoline. A petroleum leak from the underground storage tanks led to contamination requiring remediation under a Standard Cleanup program. A soil vapor and groundwater extraction system featuring five extraction wells, an air stripper, and re-infiltration trenches was designed and installed beginning in early 2006, with quarterly groundwater monitoring continuing since 2010. 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 petroleum contamination at this site — TPH-Gasoline, benzene, and related compounds — originated from underground storage tanks that were in service more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The remediation costs already incurred here — extraction well installation, air stripper infrastructure, and over fifteen years of quarterly groundwater monitoring — along with any future cleanup obligations trace directly to releases during that pre-1986 operational window. Historical carriers who issued CGL policies to the station's operators during the 1970s and early 1980s may be obligated both to reimburse past remediation expenditures and to fund the ongoing cleanup.
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.