This Chevron gas station in Marysville was already an operating fueling facility with documented contamination concerns by 1990, when a Preliminary Environmental Investigation was conducted at the site. Underground storage tanks were permanently closed in 2014, and a Leaking Underground Storage Tank case addressed petroleum and solvent releases to groundwater. Remediation was carried out under the Voluntary Cleanup Program, and the site has since received a No Further Action determination. 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 contamination detected here — benzene, petroleum gasoline, petroleum diesel, and non-halogenated solvents in groundwater — originated from underground storage tank operations that, based on tank lifecycle analysis and the 1990 investigation timeline, were likely established in the early-to-mid 1980s or earlier. CGL policies issued to the facility's operators during that pre-1986 window carried no effective pollution exclusion under Washington law, and the investigation, tank closure, and groundwater remediation costs documented across more than two decades of cleanup represent expenditures those historical carriers may still be obligated to cover.
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.