This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This gas station in Chehalis has operated under multiple names — Market St Market, 13th Street Market, and Eli's Market — reflecting decades of continuous fueling operations at the property. Ecology began tracking the site in 1996, and a confirmed underground storage tank release was reported in October 1998, just before the federal deadline requiring all pre-1988 USTs to be upgraded or closed. A Phase II investigation in 2003 documented two in-service USTs, and groundwater sampling has identified contamination including MTBE, lead, benzene, halogenated organics, and petroleum hydrocarbons. Cleanup is underway. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 timing of the UST release — reported just before the December 1998 EPA compliance deadline for pre-1988 tanks — and the property's long history under multiple operators point to underground storage tanks installed well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The groundwater contamination now being remediated at this site traces to those legacy fueling operations. Historical carriers who issued CGL policies during the pre-1986 operational window may be obligated to fund both past and ongoing cleanup costs.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.