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.
This property — now undeveloped Washington DOT right-of-way in Issaquah — was formerly the site of a gasoline station with at least two underground storage tanks for gasoline and diesel, with operations continuing until 1965 or 1966. A Phase II Environmental Site Assessment has confirmed lead contamination in both soil and groundwater at concentrations exceeding cleanup standards, attributed to the former gas station. Cleanup has not yet commenced; the only remediation-related activity to date is the drumming and planned thermal desorption of drill cuttings generated during the Phase II investigation. 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 gasoline station here operated until 1965 or 1966 — more than two decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Lead contamination from leaded-gasoline-era operations has been confirmed at this site in both soil and groundwater, establishing a direct link between those historical operations and documented environmental liability. The full costs of cleanup design and remediation have yet to be incurred, and historical CGL carriers whose policies were in force during the station's operating years may be obligated to fund that coming work.
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.
