This property has a documented history as a gasoline service station going back to 1967. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as an independent gasoline service station from 1967 to 1971, with underground storage tanks including a 10,000-gallon gasoline UST, two 6,000-gallon diesel USTs, and a 550-gallon waste oil tank. Tank removals in 1992 and 1995 revealed extensive petroleum contamination characterized as an old release with a weathered gasoline signature. Cleanup under the Standard Cleanup program has included excavation of significant volumes of petroleum-contaminated soil — including from the adjacent Parcel 29 — thermal desorption treatment, leach field abandonment, site demolition and reconstruction, and installation of structural fill, retaining walls, and bridge abutments to control contaminant migration pathways to Bear Creek. 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.
Petroleum releases at this site originated from underground storage tanks installed and operated beginning in 1967 — nearly two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The remediation record documents substantial expenditures across multiple phases: tank removals, large-scale soil excavation and thermal treatment, structural controls to protect Bear Creek, and ongoing groundwater monitoring. Historical carriers who issued CGL policies covering the 1967–1971 operational period and beyond may be obligated to fund both the costs already incurred and the continued monitoring the site requires.
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.