This property has operated as a fuel storage and distribution facility since approximately 1967, when the original Chevron Station 96774 was constructed with underground storage tanks dispensing gasoline — including leaded gasoline — and diesel. After Chevron closed the station in 1987, five USTs, two pump islands, and the station building were removed, followed in 1991 by the excavation of 1,900 cubic yards of contaminated soil for off-site bioremediation. Groundwater monitoring and well purging have continued periodically from 1991 through at least 2015, and the property currently operates as a cardlock fuel station with four USTs and three pump islands. 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 in 1967 and operated for two decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank and structure removal, large-scale soil excavation and bioremediation, and more than two decades of groundwater monitoring — represent costs the historical carriers may be obligated to recover, while ongoing quarterly monitoring recommendations to achieve site closure mean additional cleanup spending likely lies 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.
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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.