Gas Station cleanup site — Restorical Research
Lee & S Enterprises Tire Fire
13528 Highway 99, Everett, Snohomish County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a gasoline service station going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

This property at 13528 Highway 99 in Everett has hosted commercial operations since at least 1950, with a gasoline service station — operating under names including Rose Texaco and Shell Food Mart — established on the site by 1970. A tire fire at the property in October 2017 released a complex mixture of contaminants; groundwater beneath the site is suspected to contain petroleum products, metals, PCBs, dioxins/furans, PAHs, and halogenated organics. Approximately 400 gallons of AFFF firefighting foam used to combat the blaze ran off into the Highway 99 stormwater system draining to Swamp Creek. The site is enrolled in the Voluntary Cleanup Program and is currently awaiting cleanup. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Gas Station
Address13528 Highway 99, Everett, Snohomish County
Historical UseGas Station
Est. Operating Since1950
StatusAwaiting Cleanup
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum products, metals, PCBs, dioxins/furans, PAHs, and halogenated organics suspected in groundwater; AFFF firefighting foam in surface water
Media ImpactedSoil, Groundwater, Air
Regulatory ProgramMTCA — Voluntary Cleanup Program
Ecology Site #14507

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.

Commercial operations at this property date to at least 1950 — more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The gasoline service station use confirmed by county assessor records and the Rose Texaco and Shell Food Mart designations places the facility squarely within the pre-1986 CGL coverage window. As investigation and remediation costs mount to address the petroleum, metals, PCBs, and other contaminants now suspected in groundwater and surface water, historical carriers who issued policies during those decades of pre-1986 operations may bear obligations to fund the cleanup.

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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.