This property operated as a Chevron (formerly Standard) service station from at least 1954 until approximately 1976, with underground storage tanks installed in 1960 for the retail sale of leaded gasoline. Cleanup activities under the Voluntary Cleanup Program have included UST excavation and removal in 1976, further soil excavation in 1994, closure in place of an 8,000-gallon UST in 2001, and intermittent groundwater monitoring from 1994 through 2011. Quarterly groundwater monitoring and Ecology oversight costs remain ongoing obligations. 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.
Gasoline contamination at this site originated from underground storage tanks that were installed and operated more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures — multiple rounds of tank removal and soil excavation, UST closure, and nearly two decades of groundwater monitoring — represent costs the historical carriers who insured the station during its 1954–1976 operating window may be obligated both to reimburse and to fund on a going-forward basis.
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.