This property operated as a fuel distribution facility with 14 underground storage tanks across three tank areas constructed between 1942 and 1973. In November 1981, overfilling of the USTs resulted in a 529-gallon gasoline spill, and environmental investigations began in June 1988. The tanks were removed between 1995 and 1997. Petroleum contamination has been confirmed in groundwater, and surface water pathways connect the site to an urban wetland adjacent to Interstate 5 via the city stormwater system. Cleanup is ongoing under a 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.
Fuel storage and dispensing operations at this Chehalis facility date to 1942, more than four decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The 529-gallon gasoline spill in 1981 and the petroleum contamination now confirmed in groundwater trace to infrastructure installed and operated squarely within that pre-1986 coverage window. Remediation costs already incurred — investigation, tank removal, and ongoing cleanup — as well as future expenditures to address groundwater and surface water impacts may fall within the obligations of historical carriers whose CGL policies were in force during those decades of fuel operations.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.