This property operated as a Shell/Texaco gasoline service station with multiple underground storage tank systems — including a gasoline tank complex and waste oil/heating oil tanks — all documented as predating 1990. A Site Assessment Report was prepared in October 1990 after petroleum releases were identified, and quarterly groundwater sampling continued through at least May 1997 to track petroleum hydrocarbons in groundwater. The site completed cleanup under the Voluntary Cleanup Program and received a No Further Action determination. 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/Texaco station were installed well before 1990, placing their operational history squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Petroleum contamination in groundwater — documented through years of site assessment and monitoring — traces directly to releases from that pre-1986 tank infrastructure. The remediation expenditures incurred to reach No Further Action status, from tank removals through multi-year groundwater monitoring, represent costs that historical CGL carriers may be obligated to cover.
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.