This property operated as a bulk fuel storage plant from 1925 through approximately 1976, first developed by Shell Oil Company under a lease from BNSF and later operated by Cummings Oil Company from 1970 until closure. Cleanup under the Voluntary Cleanup Program has included removal of four aboveground storage tanks and two underground storage tanks, excavation of approximately 330 cubic yards of petroleum-impacted soil to a depth of eight feet, and removal of 2,000 gallons of wastewater and 400 gallons of sludge. Monitored Natural Attenuation has been in place for groundwater since 2010, with 24 sampling events conducted quarterly and annually. 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 site originated from five decades of bulk fuel storage and distribution operations — Shell Oil and Cummings Oil both held operational responsibility at this property during windows entirely predating 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The documented remediation costs here — tank removals, soil excavation, wastewater and sludge extraction, and more than a decade of ongoing groundwater monitoring — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies to the operators or site lessee during that window may still be obligated to fund both the costs already incurred and the monitoring expenditures continuing today.
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.