This property operated as a retail service station from 1954, initially under Signal Oil Company through 1969 and later as Chevron Service Station No. 20-6183, with underground storage tanks installed as early as 1964 and removed in 1981. Cleanup under the Standard Cleanup program has included excavation of approximately 2,566 tons of hydrocarbon-impacted soil and removal of a 550-gallon waste oil tank in 1996, a multi-year LNAPL recovery program launched in 1995, and ongoing quarterly groundwater monitoring with granular activated carbon treatment of purge water continuing through at least 2019–2020. Cleanup 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.
Contamination at this site — leaded gasoline and diesel plumes originating from underground storage tanks installed and operated from 1954 through 1981 — predates the 1986 shift away from occurrence-based Commercial General Liability policies by decades. The operators who ran fuel dispensing infrastructure here during that window were insured under CGL policies that carried no effective pollution exclusion in Washington. Documented remediation expenditures spanning soil excavation, LNAPL recovery, and more than two decades of monitoring represent costs that historical carriers may be obligated both to reimburse and to continue funding as cleanup progresses.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.