This Chevron station (facility 99574) operated with first-generation underground storage tanks that were removed in 1994 after monitoring wells installed in 1993 confirmed petroleum contamination in groundwater. Cleanup under the Voluntary Cleanup Program included excavation of approximately 650 cubic yards of petroleum-contaminated soil and removal of 3,000 gallons of petroleum-contaminated groundwater from the UST excavation area. The site received a No Further Action determination from Ecology in April 2023. 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 first-generation USTs at this Chevron station were in service well before 1986, the year occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Petroleum releases from those tanks — MTBE, benzene, gasoline, and diesel constituents confirmed in groundwater — triggered remediation costs spanning from the 1993 investigation through the 2023 No Further Action determination. Historical CGL carriers who covered the station during that pre-1986 operating window may be obligated to reimburse those documented cleanup expenditures.
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.