This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a retail fuel station — known as 101 Shell and previously associated with Saroya Fuel Stop LLC — with at least one underground storage tank (UST #596531) on site. A focused site assessment conducted in 2018 detected gasoline range organics (TPH-GRO), Toluene, and total xylenes in groundwater; subsequent remedial and initial investigations confirmed the contamination and resulted in a recommendation to list the site on the Contaminated Sites List. No remediation activities have been undertaken, and the site is currently awaiting cleanup. 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.
Lead is identified as a suspected contaminant in both soil and groundwater at this site — a strong indicator of pre-1986 fuel station operations, given that leaded gasoline was phased out by that year. Occurrence-based Commercial General Liability policies issued to fuel station operators before 1986 carried no effective pollution exclusion in Washington and remain enforceable today. The costs this property now faces — remedial investigation, feasibility study, and eventual cleanup of petroleum-impacted groundwater and lead-bearing soil — are precisely the forward expenditures that historical carriers whose policies were in force during those earlier operations may be obligated to fund.
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.
