This Chevron service station operated with three 10,000-gallon underground storage tanks alongside a vehicle service garage, towing service, and mini-market. In June 1993, a fuel leak was discovered in a flex hose beneath one of the station pumps; fuel migrated through the double-walled piping system to the product sump and underground storage tanks. Site investigation confirmed petroleum constituents including BTEX contamination and free product in groundwater, prompting remediation under the Voluntary Cleanup Program. The site received a No Further Action determination in 2011. 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 petroleum release at this station originated from underground storage tank infrastructure that was already in place and aging by the time the leak was discovered in 1993 — consistent with installation well before 1986, when occurrence-based CGL policies were standard and carried no effective pollution exclusion. BTEX contamination and free product in groundwater required investigation and remediation spanning nearly two decades before the No Further Action letter was issued. Historical carriers who provided CGL coverage during the period these tanks were installed and operating may still bear obligations for the 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.