This property has operated as a gasoline service station since 1980, when three underground storage tanks were installed. Initially Shell-branded from 1980 through 2014, the station has been the subject of site investigations confirming groundwater contamination with gasoline-range and diesel-range petroleum hydrocarbons, benzene, lead, and non-halogenated solvents at concentrations exceeding MTCA Method A and B cleanup levels. The contaminant plume extends east toward the Pacific Highway right-of-way, and cleanup is underway. 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.
The underground storage tanks at this site were installed in 1980 — six years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The petroleum and solvent contamination now documented in groundwater above state cleanup levels represents the type of gradual release those pre-1986 CGL policies were written to cover. Historical carriers who insured the station during that 1980-to-1986 window may be obligated to fund both the remediation costs already incurred and the cleanup work still 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.
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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.