This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a bulk petroleum storage and agricultural supply facility in Pomeroy, Garfield County, with above-ground storage tanks for gasoline, diesel, and heavy oil — previously under Shell Oil Company ownership. A July 1987 Dangerous Waste Compliance Inspection confirms the facility was active by that date, and contamination patterns tied to Shell's prior ownership indicate a longer operational history. Cleanup activities have included the removal and relocation of the above-ground storage tanks, with groundwater monitoring ongoing since at least 1996 using petroleum hydrocarbon absorbent socks and tubes to recover contaminants from the water surface; remediation remains in progress. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 hydrocarbons — gasoline, diesel, heavy oil, BTEX, and non-aqueous phase liquid weathered diesel confirmed in groundwater — accumulated here from bulk storage operations that predate 1986 and were conducted under Shell Oil Company's ownership. Occurrence-based CGL policies issued to Shell and subsequent operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation record — tank removals, relocations, and more than two decades of active groundwater recovery — represents costs those historical carriers may be obligated both to recover 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
