This property hosted continuous commercial operations from prior to 1938, including auto repair garages, dry cleaners, and a Shell Oil/Park Chevron gasoline service station with underground storage tanks. The original structures occupied the site until the late 1960s to early 1970s, and four USTs associated with the former Chevron station were removed in July 1997. A subsequent investigation confirmed petroleum hydrocarbons (TPH-G, TPH-D) and tetrachloroethylene in groundwater at concentrations ranging from 640 to 1,900 ug/L — exceeding the MTCA Method A cleanup level. Cleanup is 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.
Petroleum and solvent contamination at this property traces to gasoline storage and commercial operations that were active for decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation costs — UST removal, site investigation, and ongoing groundwater cleanup — arise from releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover the expenditures already incurred and to fund the remediation work still ahead.
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.