This property was developed as a bulk petroleum plant by Shell Oil Company in 1926, with rail car deliveries of diesel and heating oil beginning at that time and transitioning to tanker truck deliveries by the late 1930s. A 1995 investigation identified petroleum contamination that had originated historically from former site operations, and a separate delivery spill occurred in late 1999. Site assessment documented petroleum contamination extending to 17 feet below ground surface, with groundwater at less than 25 feet depth and the Willapa River within 1,000 feet of the property. Cleanup is underway 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.
Petroleum storage and distribution operations at this site began in 1926 — six decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The contamination confirmed in groundwater and threatening nearby surface water traces directly to those decades of bulk fuel handling under Shell Oil and successor operators. CGL carriers on risk during the 1926-through-1986 operational window may bear obligation both to recover the remediation costs already incurred and to fund the cleanup work still ahead.
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.