This property operated as a Shell Oil service station with four underground storage tanks installed in 1964 — two 3,000-gallon gasoline USTs, one 500-gallon heating oil UST, and one 500-gallon waste oil UST. The gasoline tanks were removed around 1989 and the remaining two tanks in 1997, but petroleum contamination persists: gasoline-range hydrocarbons and benzene have been confirmed in soil and groundwater at concentrations far exceeding cleanup levels, with benzene measured at up to 820 micrograms per liter against a 5 microgram per liter MTCA Method A standard. Five monitoring wells have been installed to track a dissolved-phase gasoline plume migrating to the northwest, with sampling documented through at least 2013, and cleanup remains ongoing. 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 petroleum contamination at this site traces directly to underground storage tanks installed in 1964 and operated for decades — squarely within the era when occurrence-based CGL policies provided broad pollution coverage without effective exclusion. Documented remediation expenditures already include tank removals, soil contamination response, and a multi-well groundwater monitoring program, with cleanup still underway and additional costs ahead. Historical carriers whose policies were in force during those pre-1986 fueling operations may be obligated both to reimburse past remediation costs and to fund the remaining cleanup.
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.