This property operated as Harper's Super Service Shell gasoline station from approximately 1940, with a truck repair shop added in 1955. The site dispensed gasoline and diesel fuel from pump islands supplied by underground storage tanks totaling 15,000 gallons, with the earliest tanks dating to the 1950s. Remediation began in May 1990 with the excavation and removal of all four USTs and contaminated soil, followed by installation of an in-situ biological remediation system targeting soil and groundwater through 1994, along with solid-phase treatment of excavated soil. Cleanup work is 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 at this site traces to fueling and vehicle-service operations that began around 1940 — more than four decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented remediation costs spanning 1990 through 1994 and beyond — tank removals, soil excavation, biological treatment of soil and groundwater — were incurred to address releases from those pre-1986 operations. Historical carriers who issued CGL policies during the station's decades of operation may be obligated both to recover past cleanup expenditures and to fund the remediation still under way.
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.