The Corner Chevron Station in Colfax has operated as a gasoline service station since 1938, dispensing leaded gasoline, diesel, super unleaded, and unleaded fuel from underground storage tanks. Cleanup under the Standard Cleanup program has included the permanent removal of all five USTs, excavation and incineration of 430 cubic yards of petroleum-contaminated soil found between eight and fourteen feet below ground surface, and periodic groundwater monitoring from 1995 through 2000 involving dedicated monitoring wells and groundwater sampling. 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 property traces directly to underground storage tank operations that began nearly five decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The documented remediation expenditures — tank removal, large-scale soil excavation and incineration, and years of groundwater monitoring — represent costs that historical carriers who issued CGL policies during the station's pre-1986 operational window may be obligated both to reimburse and to fund as cleanup continues.
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.