This property operates as a Shell-branded retail gasoline and diesel fuel dispensing facility with a car wash, equipped with three 10,000-gallon gasoline USTs and one 10,000-gallon diesel UST. A Phase II subsurface investigation in August 1993 identified petroleum contamination, and free product was removed in 1995. The site was enrolled in the Voluntary Cleanup Program from 2009 through 2019, with 12 monitoring wells established and multi-year groundwater monitoring and sampling continuing as part of the ongoing cleanup effort. 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 facility was already present when first investigated in 1993, confirming that the releases originated from fueling operations conducted well before 1986 — when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Over a decade of Voluntary Cleanup Program enrollment, free product recovery, and sustained groundwater monitoring represent documented remediation expenditures tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the facility's early operational years may be obligated both to recover costs already incurred and to fund the cleanup work that remains.
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.