This property has operated as a retail gasoline station since 1944, when it was first developed as a Shell-branded service station with three underground storage tanks, a dispenser island, and two service bays. The site underwent multiple UST system upgrades — new tanks in the 1960s, two 12,000-gallon USTs when it was redeveloped as a 7-Eleven in 1976, and a third 12,000-gallon UST added in 1978. Single-wall metal USTs were removed in 2016, and groundwater contamination monitoring has been ongoing since 1996, with benzene and petroleum-gasoline hydrocarbons confirmed above cleanup levels. 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 contamination at this property stems from underground storage tanks installed and operated continuously from 1944 through the 1970s — decades before occurrence-based CGL policies began excluding pollution claims in 1986. The confirmed groundwater contamination with benzene and petroleum hydrocarbons traces directly to those pre-1986 fueling operations across multiple generations of tank systems. Historical carriers who issued CGL policies during the site's first four decades of operation may be obligated to recover past remediation costs and to fund the cleanup 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.