This property has a documented history as a bulk fuel distribution terminal going back to 1973. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
The Nelson Distributing facility in Everett has operated as a petroleum bulk storage and distribution terminal, housing four 12,000-gallon above-ground tanks for oils, three 20,000-gallon above-ground tanks for diesel, three 12,000-gallon underground storage tanks for gasoline and diesel, and three self-service fueling stations. Contamination was discovered by November 1991 and the site has been on the Confirmed and Suspected Contaminated Sites list since 1992. Cleanup activities have included the removal of a leaking 6,000-gallon underground storage tank and associated contaminated soil in 1998, repairs to a second leaking UST, relocation of four above-ground storage tanks, installation of a concrete containment wall around the ASTs, and integration of an oil-water separator into the storm drain system. The facility remains in full operation today. 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 contamination at this site originated from underground storage tanks estimated to have been installed in the early 1970s or before — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Lead consistently detected in groundwater during investigations in 1994 and 2008 confirms the presence and leakage of leaded gasoline, a fuel phased out before 1986 and a direct marker of the contamination's pre-1986 origin. The remediation expenditures already incurred — tank removal, soil excavation, containment infrastructure, stormwater controls — and the ongoing cleanup obligations ahead represent costs that historical CGL carriers may be obligated both to recover and to fund going forward.
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.
