This property has a documented history as a gasoline service station going back to 1977. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a fueling service station since 1977, when its original underground storage tanks were installed to dispense regular, premium, and mid-grade gasoline along with diesel. In 1994, five USTs were excavated and removed as part of an interim cleanup that also managed a contaminated soil stockpile; the site then remained under LUST status with active cleanup and monitoring for eighteen years until a No Further Action letter was issued in 2012. A 2020 Phase II environmental site assessment subsequently involved borehole work and proper disposal of investigation-derived waste, and the property is now subject to an active Standard Cleanup proceeding. 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 underground storage tanks at this property were installed in 1977 — nearly a decade before 1986, when occurrence-based Commercial General Liability policies were the industry norm and carried no effective pollution exclusion in Washington. Historical carriers who issued CGL policies during that operational window may be obligated to recover the documented expenditures from the 1994 UST removals, soil remediation, and eighteen years of LUST monitoring. Because the 2020 Phase II ESA has reopened investigation under a Standard Cleanup program, those same carriers may also bear responsibility for funding the active remediation work that lies ahead.
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.
