This property has operated as a Chevron service station since approximately 1969, with five steel underground storage tanks for fuel dispensing along with heating oil and used-oil tanks supporting vehicle service operations. Cleanup under the Voluntary Cleanup Program has included UST closure and removal, groundwater monitoring and purging from at least 1991 through 1993, and planning for secondary vapor recovery. Although soil contamination received a no-further-action determination in 1995, the site remained in active cleanup status through at least 2009, and the station continues to operate today. 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 — TPH-gasoline and BTEX from leaking underground storage tanks — traces back to fueling operations that began nearly two decades before 1986. Occurrence-based CGL policies issued to the station's operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable. The documented remediation expenditures — tank removals, groundwater recovery, and years of monitoring — represent costs that historical carriers may be obligated to reimburse, with ongoing cleanup obligations they may still be required to fund.
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.