This property has a documented history as a gasoline service station going back to 1955. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a Texaco gasoline station from 1955 to 1966, with underground storage tanks dispensing gasoline and diesel fuel during that period; a 6,000-gallon gasoline UST and an 8,000-gallon diesel UST remained on-site until their removal in 1997, confirming active fuel storage extended well past the station's closure. Cement kiln dust fill deposited at the site in the 1970s introduced a second contamination source — metals — that Ecology identified as requiring further action separate from the petroleum work. Remediation has included excavation of 300–400 cubic yards of petroleum-impacted soil, operation of an air sparging and soil vapor extraction system from 2001 to 2002 that recovered 91 pounds of hydrocarbons, and groundwater monitoring from 1999 to 2006. Petroleum hydrocarbon impacts have been deemed addressed, but the metals contamination from the CKD fill has not been pursued and the site remains in the Awaiting Cleanup status. 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.
Contamination at this site traces to two distinct pre-1986 sources: petroleum releases from Texaco's USTs, which were still buried and leaking through at least the 1990s, and metals introduced by cement kiln dust fill placed in the 1970s — both events occurring a decade or more before 1986. The petroleum contamination alone generated years of documented remediation expenditures, while the CKD metals contamination remains unresolved, meaning the full cost trail is open. Any CGL carriers who issued policies to operators during the gas station era or the subsequent decades of fuel storage face potential obligations across both contamination fronts.
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.
