This property has operated as an automotive gasoline refueling station since 1962, previously known as Four Queens Gas Mart and Shell Gas and Food Mart before its current identity as Pearl Street Valero. Cleanup under the Voluntary Cleanup Program began in 1991 with the removal of underground storage tanks and excavation of contaminated soil, followed by operation of a soil vapor extraction system for approximately two and a half years that recovered 309 kilograms of contaminants. Remediation remains ongoing, with quarterly groundwater monitoring and a soil vapor assessment currently underway. The station continues to operate as an active gas station with a convenience store and two covered 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 that were installed and operated beginning in 1962 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation costs already incurred — tank removals, soil excavation, years of vapor extraction, and ongoing groundwater monitoring — along with the cleanup work still ahead represent expenditures that historical carriers who wrote CGL policies during the pre-1986 operational window 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.