This property was constructed in 1958 as a full-service gasoline station, operated by Shell Oil Company until 1974 when it was sold to its current owner. Five underground storage tanks original to the 1958 construction were removed in 1990, and petroleum contamination — including benzene, gasoline-range and diesel-range hydrocarbons, and non-halogenated solvents — has been confirmed in groundwater beneath the site. A 1992 Consent Decree formalized cleanup obligations, and remediation has progressed through construction completion to ongoing performance monitoring, with 2023 groundwater data still showing TPH and BTEX concentrations exceeding MTCA Method A cleanup levels at injection wells. 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.
Gasoline operations at this site began in 1958, placing nearly three decades of fueling activity within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The petroleum contamination confirmed in groundwater — benzene, TPH-GRO, diesel-range hydrocarbons — traces directly to underground storage tanks installed and operated during that pre-1986 window. With remediation costs spanning from UST removal through decades of groundwater monitoring still underway today, historical carriers who insured the Shell Oil and subsequent operations may remain obligated to fund both past and ongoing cleanup expenditures.
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.