This property has operated as a fuel station since at least 1943, when Sanborn Fire Insurance Maps first documented a Chevron service station at the site. A second-generation station was constructed in June 1964 with three gasoline underground storage tanks plus waste oil and heating oil tanks, and a 10,000-gallon regular gasoline tank was installed in 1983. Groundwater beneath and beyond the property is extensively contaminated — gasoline-range organics and BTEX compounds exceed MTCA Method A cleanup levels in off-site areas along Fir Street, free-phase petroleum product has been detected in multiple monitoring wells, and an undelineated plume is migrating toward Olequa Creek approximately 150 feet away. 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.
Fuel storage and dispensing operations at this site span more than four decades before 1986, from the original 1943 Chevron station through the 1964 rebuild and the 1983 tank installation — a period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The petroleum contamination now documented in groundwater on and off the property traces to underground storage infrastructure installed and operated throughout that coverage window. The remediation costs this site faces — plume delineation, free-product recovery, off-site cleanup, and potential surface-water protection for Olequa Creek — are the type of expenditures historical CGL carriers may be obligated to fund.
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.