The Rush Road Shell property has operated as a fueling station since the early 1980s, with two 12,000-gallon diesel underground storage tanks installed in 1982 as single-wall steel construction at a cardlock fueling area. Petroleum contamination — including benzene, diesel, gasoline, and non-halogenated solvents — has been confirmed in groundwater, with petroleum products also detected in surface water. The site is currently under a Standard Cleanup program with remediation underway. 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.
Underground storage tanks at this fueling station were installed in 1982, placing the facility's operations squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. Petroleum and solvent contamination confirmed in groundwater and surface water represents the kind of environmental liability those pre-1986 CGL policies were written to address. With cleanup underway and remediation costs accumulating, historical carriers who issued policies during the station's pre-1986 operational window may bear an obligation to fund both past and future 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.