This property has operated as a gasoline service station since 1964, originally under Standard Oil Company of California and continuing today as a Chevron-branded station under current ownership since approximately 1998. Cleanup activities under the Standard Cleanup program have included the removal of underground storage tanks in 1989, 1994, and 2017, decommissioning of additional USTs in place in 1989 and 2021, excavation of approximately 350 cubic yards of petroleum-impacted soil, installation of a Stage II vapor recovery system in 1994, and semi-annual groundwater monitoring ongoing since 2001. The site currently features four fuel dispenser islands and four 12,000-gallon underground storage tanks containing gasoline and diesel. 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 originated from underground storage tanks installed and operated beginning in 1964 — more than two decades before occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The documented remediation expenditures, from multiple rounds of tank removal and soil excavation to over two decades of groundwater monitoring, trace directly to releases from those pre-1986 operations. With cleanup still underway, historical carriers who issued CGL policies to the operators during that 1964-to-1986 window may be obligated both to recover past remediation costs and to fund the monitoring and cleanup work that continues.
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.