This property has a documented history as a gasoline service station going back to 1971. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property was first developed as a service station in the early 1970s, with underground storage tanks holding 8,000 gallons of diesel and 4,000 gallons of unleaded gasoline across two pump islands. Cleanup activities to date have included UST removal, excavation of 420 cubic yards of impacted soil, and recovery of 364 gallons of liquid-phase petroleum via sump and skimmer systems during 2016–2017 interim actions. Proposed future remediation — soil excavation of up to 3,500 cubic yards, on-site soil treatment, groundwater biosparging, free-product removal, and five to ten years of groundwater monitoring — carries estimated costs ranging from $395,000 to $856,000. The convenience store and fueling operations are now closed. 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 site traces to underground storage tanks installed and operated from at least 1971, more than a decade before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. Lead detected in groundwater sampling further confirms the historical nature of the release, consistent with leaded-gasoline dispensing during the pre-1986 era. The remediation costs already incurred and the substantial expenditures still ahead — potentially exceeding $850,000 — represent obligations that historical carriers who wrote CGL coverage during those fueling operations may be required both to reimburse and 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.
