This property has operated as a gasoline service station since at least 1957, when the first generation of underground storage tanks was installed; an additional gasoline UST followed in 1973. The site is currently occupied by the Vashon Chevron convenience store with four gasoline pump island dispensers. Historic releases of petroleum hydrocarbons from UST operations have contaminated soil and groundwater beneath the property, with volatile organic compounds posing a vapor-inhalation exposure pathway for on-site workers. Cleanup is underway through the Voluntary Cleanup Program. 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 site traces to underground storage tanks installed and operated nearly three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The historic releases from those pre-1986 UST operations are exactly the kind of gradual, long-tail contamination event those policies were written to cover. Historical carriers who issued CGL policies during the 1957-to-1986 operational window may be obligated both to reimburse remediation costs already incurred and to fund the cleanup 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.
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.