This property has a documented history as a gasoline service station going back to 1940. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
An automotive service and gasoline station was built on this property in 1940 and operated for approximately twenty-five years before closing around 1965, at which point a new building was constructed on the site in 1969. A Site Hazard Assessment completed in 2004 identified gasoline hydrocarbons, benzene, toluene, and ethylbenzene in soil and groundwater, attributing the contamination to those historical fuel dispensing and service operations. No remediation work has been undertaken; the site remains in the awaiting-cleanup stage under the Standard Cleanup program. 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 and automotive service operations at this property ran from 1940 through approximately 1965 — entirely within the era when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The benzene, toluene, ethylbenzene, and gasoline contamination now documented in soil and groundwater is directly attributable to those decades of pre-1986 fuel dispensing. The investigation, remedial design, and cleanup expenditures ahead of this property could plausibly be funded by historical carriers whose CGL policies were in force during those years of operation.
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.
