The Shell Oil Harbor Island Terminal operated as a bulk fuel storage and distribution facility at 2555 13th Ave SW in Seattle, handling motor gasoline, aviation gasoline, jet fuel, diesel, and lubricating oils through eighty-three above-ground storage tanks, multiple underground storage tanks, truck loading racks, pipeline facilities, and a dock. Cleanup under a Consent Decree has included UST removal and overexcavation of contaminated soil, pumping and treatment of excavated water, recovery of over 500 gallons of petroleum product from groundwater, vapor extraction, and extensive soil excavation targeting TPH and metals hot spots. Remediation also encompasses surface-soil capping, a multi-year groundwater monitoring program, institutional controls, and restrictive covenants, with Equilon responsible for Ecology's oversight costs. 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 terminal originated from bulk fuel handling and storage operations that were well established before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The scale of documented remediation — tank removals, large-volume soil excavation, product and dissolved-phase recovery from groundwater, vapor extraction, capping, and years of monitoring under a Consent Decree — represents substantial expenditures tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the terminal's earlier decades of operation may still be obligated to fund both the costs already incurred and the ongoing monitoring and contingency 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.