This property operated as a Chevron service station beginning in 1968, dispensing fuel from three underground gasoline storage tanks with a combined capacity of 25,000 gallons, alongside a 1,000-gallon used-oil tank and a 500-gallon heating-oil tank. Cleanup under the Standard Cleanup program has included excavation and removal of all underground storage tanks, pump islands, supply lines, and hydraulic hoists, with approximately 500 cubic yards of contaminated soil removed, treated through aeration and asphalt batching, or disposed of offsite. Multi-year groundwater monitoring with purging and disposal of contaminated water was conducted from at least 1991 through 1994, and cleanup work remains 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.
Petroleum contamination and lead in groundwater at this site trace directly to fuel storage and dispensing operations that began in 1968 — nearly two decades before the 1986 shift away from occurrence-based Commercial General Liability policies. The detection of lead in groundwater samples confirms the historical dispensing of leaded gasoline, tying the contamination squarely to the pre-1986 operational period when CGL policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, large-scale soil excavation, soil treatment, and years of groundwater monitoring — represent costs that historical carriers may be obligated both to reimburse and to continue funding as cleanup proceeds.
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.