This property has operated as a gasoline station since at least the early 1980s, previously doing business as Singer's Chevron. Underground storage tanks on site included a fuel UST installed around 1983 and a waste oil UST decommissioned in 2005, with a Phase II site investigation completed in 2010 and an Environmental Covenant recorded in May 2013. In September 2023, the approximately 40-year-old fuel UST released nearly 2,500 gallons of gasoline, contaminating groundwater beneath the property and causing petroleum vapor intrusion that forced emergency evacuation of the nearby Marcus Whitman Hotel. Cleanup under the Standard Cleanup program is underway, with sump water treatment and vapor mitigation systems operating at both the Marcus Whitman Hotel and the adjacent 106 Building. 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 fuel storage infrastructure at this station dates to approximately 1983 — squarely within the era when occurrence-based Commercial General Liability policies covered pollution liabilities without effective exclusion. The site's environmental history stretches back at least to 2005, when waste oil UST decommissioning was first documented, and the 2023 release has added substantial remediation obligations including emergency response, groundwater treatment, and vapor mitigation across multiple neighboring properties. Historical CGL carriers who insured the station's operations during the pre-1986 window may bear responsibility for both accumulated and ongoing cleanup costs at this site.
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.