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.
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.
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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.