This property operated as a Shell-branded service station before transitioning to its current use as a Mobil service station with four fuel dispensers. Cleanup under the Standard Cleanup program has included the removal of two heating oil and waste oil tanks, with quarterly groundwater monitoring and sampling conducted continuously since at least 1994. Remediation activities and waste management practices for investigation-derived waste remain 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.
The petroleum contamination at this site traces to service station operations that were well established before 1986, with underground tanks removed by 1996 after decades of use. Occurrence-based CGL policies issued to the operators during the pre-1986 window carried no effective pollution exclusion in Washington and may still respond to the cleanup costs incurred here. With groundwater monitoring alone spanning more than two decades and remediation still underway, historical carriers could be obligated both to recover past expenditures and to fund the remaining cleanup.
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.