This property has operated as a Chevron-branded retail gas station and convenience store since at least 1977, with three underground storage tanks — holding 12,000 gallons of regular-grade unleaded, 8,000 gallons of premium-grade unleaded, and 3,000 gallons of diesel — installed in 1978. Contamination from gasoline, diesel, BTEX, and MTBE consistent with historical UST releases was reported to Ecology in 2017, with investigators noting the contaminant profile suggested an older release rather than a recent incident. Cleanup to date has been limited to removal of soil cuttings and rinse water collected during subsurface investigation; the site is awaiting further remediation. 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.
Fueling operations at this property began in 1977, nearly a decade before occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions. The contamination profile here — with characteristics pointing to a historical rather than recent release — ties the origin of the UST releases directly to that pre-1986 operational era. Historical CGL carriers whose policies covered this gas station during the late 1970s and early 1980s may bear an obligation to fund the remediation costs this site now faces as cleanup moves 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.
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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.