This property operated as a petroleum distributing facility since as far back as 1935, with Chevron serving as distributor from 1972 until August 1985, when Mr. Carlson purchased the facility. All underground storage tanks used for bulk fuel storage were removed in the late 1980s. A site hazard assessment confirmed petroleum contamination in groundwater, with fuel oil concentrations far exceeding the MTCA Method A cleanup level of 500 µg/L. The site is currently awaiting cleanup under Washington's 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.
Petroleum distribution operations at this facility date to 1935 — more than five decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Operators including Chevron held CGL policies throughout that pre-1986 window, and the confirmed groundwater contamination from decades of bulk fuel storage is the type of long-duration release those policies were written to cover. The cleanup costs this property now faces — investigation, remediation design, and groundwater treatment — could plausibly be funded by historical carriers whose policies were in force during the half-century of petroleum distribution that preceded 1986.
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.