This property operated as Howe's Chevron gas station from approximately 1950 to 1970, with underground storage tanks and associated piping used for petroleum fuel sales. Remedial actions under the Standard Cleanup program included excavation and removal of an abandoned 500-gallon UST, associated piping, and petroleum-contaminated soils and debris to depths of four to ten feet below ground surface. A vapor barrier was installed below the floor slab of a new commercial building during redevelopment in 2005–2006. 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 property originated from underground storage tanks and piping installed and operated during a twenty-year window beginning around 1950 — more than three decades before occurrence-based CGL policies ceased reliably covering pollution claims. The documented remediation costs — tank removal, contaminated soil excavation, and vapor-barrier installation during redevelopment — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies to the gas station's operators during that 1950–1970 period may still be obligated both to recover past cleanup expenditures and to fund ongoing remediation obligations.
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.