This property has a documented history as a gasoline service station going back to 1976. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property encompassed two parcels on 16th Avenue West in Seattle, with the northern parcel developed in or after 1946 and the southern parcel developed prior to 1980. Six underground storage tanks used to store petroleum hydrocarbons, a hydraulic lift, and at least one fuel dispenser were present across the two parcels. Cleanup under the Voluntary Cleanup Program included removal of all six USTs and the hydraulic lift, excavation of 40 cubic yards (60 tons) of petroleum-contaminated soil, and in-situ groundwater bioremediation using an aqueous treatment product injected through three PVC soil vent wells — achieving cleanup within 38 days. The site received a No Further Action determination. 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 contamination at this property originated from underground storage tanks estimated to have been installed around 1976 or earlier, well within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation expenditures — UST removal, soil excavation, and groundwater bioremediation across two parcels — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the decades these tanks were in service may still be obligated to recover those cleanup costs.
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.
Recovering Costs from an Older Cleanup
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.
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.
