This property has a documented history as a gasoline service station going back to 1939. 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 gasoline service station in 1939, operating under the Richfield, ARCO, and Texaco brands until 1986, when multiple underground storage tanks were removed. Cleanup under the Voluntary Cleanup Program has included UST removal, monitoring well decommissioning and replacement, and a groundwater monitoring program in place since 2002. A proposal for limited groundwater pumping was evaluated but deemed insufficient for significant remediation, and further site characterization through direct push borings has been proposed. The VCP agreement was terminated in 2017, though cleanup work at the site remains ongoing. 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.
Gasoline range hydrocarbons and BTEX contamination at this property trace directly to underground storage tanks and dispenser islands that operated for nearly five decades before 1986. Occurrence-based CGL policies issued to the station operators during that 1939-to-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. Documented remediation expenditures — tank removals, well installation, and over two decades of groundwater monitoring — along with the costs of further characterization and cleanup still ahead, represent obligations the historical carriers may be required both to recover 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.
