Chevron Chemical Company operated a fertilizer production facility at this site from 1959 until 1993. Nitrate spills were reported to the EPA as early as November 1979, and monitoring wells were installed by 1982 to track groundwater contamination. The property also housed an aboveground 1,000-gallon gasoline tank prior to 1976 and underground storage tanks that were removed in 1992; lead contamination associated with gasoline and diesel from those tanks has been confirmed in soil and groundwater alongside nitrate and petroleum impacts. Cleanup under the Standard Cleanup program 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.
Fertilizer production and fuel storage at this property began in 1959 — more than a quarter century before occurrence-based CGL policies stopped reliably covering pollution claims in 1986. The nitrate, petroleum, and lead contamination now confirmed in groundwater traces directly to those decades of pre-1986 operations. Historical carriers who issued CGL policies during the 1959–1986 operational window may be obligated to reimburse remediation costs already incurred and to fund the cleanup work that remains 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.