This property operated as the Rahier Chevron service station in Eatonville, with three underground storage tanks ranging from 3,000 to 7,500 gallons used for fuel dispensing. In July 1990, all three USTs were exhumed and 60 cubic yards of petroleum-contaminated soil were excavated; contaminated soil was treated on-site through aeration and bioremediation over a 21-day period, water sheen was removed with absorbent pads, and the excavation was backfilled with 80 cubic yards of new gravel and remediated soil. Cleanup at the site remains in progress. 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 whose installation and decades of operation predate 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, soil excavation, on-site bioremediation, and backfill — represent costs that historical carriers who issued CGL policies during the pre-1986 operational window may be obligated to recover. With the site's cleanup status still active, those same carriers may also bear responsibility for funding the remediation work that remains ahead.
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.