This property has operated as a Chevron gas station since 1976, when four steel underground storage tanks were installed to serve six fuel pumps at the southwest corner of the Fairway Center commercial property. Petroleum contamination — characterized as relatively old and attributed to spills or leaks predating a 1994 pump, piping, and tank system upgrade — led to cleanup activities including the removal of three underground storage tanks totaling 26,000 gallons of capacity and excavation of 12 tons of petroleum-contaminated soil. Groundwater investigation is underway, and the site remains in active cleanup status as of 2006. The station continues to operate as a Chevron gas station and convenience store. 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 and lead contamination at this site originated from underground storage tank operations that began in 1976, a full decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The contamination has been explicitly linked to historical piping failures and overfills — not recent operations — placing the triggering releases squarely within the pre-1986 policy window. Documented remediation costs to date, plus the ongoing groundwater investigation and any further cleanup, represent expenditures that historical CGL carriers may be obligated both to reimburse and to fund going forward.
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.