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.
This property was the location of the Shell Petroleum Bulk Plant, which operated a petroleum storage and distribution business at the corner of Railroad Street and Washington Avenue in Enumclaw until 1974, when Mr. Christensen took over and continued petroleum storage operations through 1990. Contamination was discovered in 1994 when workers cut into an inactive storm drain line, revealing petroleum-impacted soil traced to the former bulk plant; lead was detected in soil at 950 ppm, well above the 250 ppm cleanup standard. The City of Enumclaw subsequently covered and paved the contaminated area, and while grant funding from Ecology and outreach to former operators were discussed in 1995, a 2001 assessment found little additional remediation had taken place. 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.
Both operating periods at this site — Shell's bulk plant tenure ending in 1974 and Christensen's petroleum storage business through 1990 — fall squarely within the era when occurrence-based Commercial General Liability policies had no effective pollution exclusion. The detection of lead in soil at nearly four times the cleanup standard points to the historical use of leaded gasoline, a product phased out before 1986 and directly tied to pre-1986 operations. With cleanup still awaiting completion and documented contamination from decades-old bulk plant activity, historical CGL carriers whose policies were in force during those operational years may be obligated to fund the remediation costs that lie ahead.
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.
