This property has a documented history as a bulk fuel distribution terminal going back to 1913. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property served as a bulk fuel storage and distribution facility from 1913, initially owned and operated by Standard Oil Company. C.C. Cole and Sons, Inc. began operating the Evergreen Fuel Facility under the Standard Oil brand in the 1930s and purchased the site from Chevron Products Company in May 1980. Above-ground petroleum storage tanks were present throughout, supporting the storage, distribution, and sale of gasoline, diesel, heating oil, kerosene, and other petroleum products until operations ceased in the early 2000s. Cleanup construction has been completed under Washington's Standard Cleanup program, with performance monitoring ongoing to address petroleum contamination in groundwater and surface water. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 contamination at this property — benzene, gasoline-range and diesel-range organics, and BTEX compounds detected in groundwater and discharging as surface water seeps into Oakland Bay — originated from bulk fuel operations that ran continuously from 1913. More than seven decades of those operations preceded 1986, when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The remediation costs already incurred for cleanup construction, and the ongoing monitoring expenditures still ahead, represent obligations that historical carriers who issued policies during that pre-1986 operational window may be required to fund.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.