This Tacoma property reportedly operated as a gas station and automotive repair garage with underground storage tanks before its conversion to a Jiffy Lube. Site investigations have revealed severe groundwater contamination, including total petroleum hydrocarbons (TPH-G) at concentrations up to 260,000 µg/L and benzene up to 8,440 µg/L — both well above MTCA Method A cleanup levels — along with free-phase petroleum (LNAPL) measured at 0.46 feet in monitoring well MW-2. Additional contaminants confirmed in groundwater include PAHs, lead, PCBs, and halogenated solvents; Shell Oil Products US (Equilon Enterprises LLC) is the identified responsible party. The site is currently awaiting cleanup under the Standard Cleanup program. 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 petroleum and solvent contamination at this property traces to underground storage tank operations at a former gas station — the type of long-duration release that occurrence-based CGL policies issued before 1986 were written to cover without an effective pollution exclusion. The severity of the documented contamination, with TPH-G concentrations exceeding 260,000 µg/L and free-phase petroleum still present in groundwater, points to remediation costs that will be substantial and sustained. Historical carriers who insured the gas station operations during the period when contamination was occurring may bear obligation for the investigation and cleanup expenditures this site now faces.
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.