This property has a documented history as a bulk fuel distribution terminal going back to 1946. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
Kelly Oil operated as a combined gasoline service station and bulk petroleum storage facility at this Yakima property continuously from 1946 until operations ceased in 1986. At its peak the site held four 30,000-gallon vertical above-ground storage tanks and a 10,000-gallon horizontal AST; six additional 30,000-gallon vertical ASTs had already been removed by approximately 1986, with only their concrete pads remaining. Contamination is attributed to petroleum spillage that accumulated throughout the course of operations. Proposed remediation includes removal of the two remaining USTs, existing ASTs, and associated structures, excavation of approximately 1,500 cubic yards of contaminated soil, and on-site landfarming treatment estimated at $60,000 to $60,800. 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.
Bulk petroleum storage and gasoline station operations at this site ran from 1946 through 1986 — entirely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The contamination here is the product of four decades of spillage tied directly to those pre-1986 operations, and no active cleanup has yet commenced. The prospective costs of soil excavation, tank removal, and landfarming treatment are precisely the type of remediation expenditures that historical CGL carriers who insured this facility during that operational window may be obligated to fund going forward.
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.
