This Chevron gas station operated with underground storage tanks that were confirmed leaking during a 2011 Initial Investigation (LUST Site #4040). Groundwater sampling identified benzene and non-halogenated solvents beneath the property. The site has since completed remediation and received a No Further Action determination under Washington's Standard Cleanup program. 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 leaking underground storage tanks at this Chevron station represent infrastructure that, based on the 2011 investigation timeline, was very likely installed and operating well before 1986 — the period when occurrence-based Commercial General Liability policies covered petroleum releases without an effective pollution exclusion. The benzene and solvent contamination found in groundwater originated from those long-term UST operations, and the full cost of investigation and remediation required to reach No Further Action status may be recoverable from historical carriers whose CGL policies were in force during the years the tanks were in active service.
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.