This property hosted a Shell Oil gasoline service station from 1928 through approximately 1975, with underground storage tank installations documented in 1941, 1961, and 1974 — growing from three 550-gallon tanks to include 4,000- and 8,000-gallon tanks as the station expanded over nearly five decades. A remedial investigation has confirmed petroleum hydrocarbon contamination in groundwater, with gasoline-range concentrations measured at more than twice the cleanup level and diesel-range concentrations exceeding four times the applicable standard, alongside benzene detections above the groundwater cleanup level. Cleanup work at the site 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.
Petroleum releases at this property originated from underground storage tanks operated continuously from 1928 through the mid-1970s — decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Groundwater contamination with benzene, gasoline-range, and diesel-range petroleum hydrocarbons at concentrations well above cleanup levels reflects the cumulative impact of nearly five decades of fueling operations, all squarely within the pre-1986 policy window. The remediation costs already incurred and those still ahead may be recoverable from historical carriers who insured the station during that long operational span.
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.