A former Shell service station at the Frontier Village Shopping Center in Lake Stevens, this property's underground storage tanks were excavated in 1991 as part of site remediation conducted by Earth Consultants Inc. under the Voluntary Cleanup Program. Groundwater investigations identified benzene, petroleum-gasoline, petroleum-diesel, and other non-halogenated organic compounds beneath the property. Ecology issued a No Further Action determination, and the site has completed its cleanup obligations. 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.
The underground storage tanks at this Shell station were likely installed in the 1960s to 1970s when the Frontier Village Shopping Center was developed — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The petroleum contamination in groundwater here is the predictable legacy of decades of fuel storage and dispensing under those pre-1986 operations. Historical carriers who issued CGL policies during the station's early operational years may bear obligation for the remediation costs incurred to bring this site to No Further Action status.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.