This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a Shell-branded retail fueling station at 5115 Olympic Drive NW in Gig Harbor, with facilities including two dispenser islands, three gasoline underground storage tanks totaling 32,000 gallons of capacity, and a 10,000-gallon diesel UST. Monitoring data from 1993–1994 revealed non-aqueous phase liquid and elevated gasoline-range hydrocarbon concentrations in groundwater, and the presence of dissolved lead confirms the facility dispensed leaded gasoline during its operating years. Remediation under a multi-year cleanup program has included groundwater sampling and natural attenuation monitoring, investigation-derived waste disposal, and decommissioning of several monitoring wells in 2009, with annual monitoring continuing through at least 2018 and significant attenuation of petroleum-related exceedances documented over that period. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 contamination at this site — petroleum hydrocarbons and dissolved lead — originated from fueling operations that predate 1986, as confirmed by the presence of leaded gasoline constituents and NAPL already documented in the early 1990s. Occurrence-based CGL policies issued to the station's operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. Decades of remediation expenditures already incurred — monitoring, well decommissioning, waste disposal — and the costs of ongoing cleanup still ahead represent obligations that historical carriers may be required both to reimburse and to continue funding.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.