This property has a documented history as a gasoline service station going back to 1926. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
A gasoline service station was constructed at this property in 1926, operating through at least 1944 with fuel dispensing islands, a grease pit, and underground storage tanks. Two 750-gallon USTs were removed in 1989, and subsequent investigation confirmed petroleum-contaminated soil and groundwater linked to that former operation. Proposed remediation alternatives include dual-phase extraction over five years with 10–15 years of monitoring, or bulk excavation of up to 7,400 tons of soil to depths of 18 feet with thermal desorption, dewatering, backfilling, and 10 years of groundwater monitoring — at estimated costs ranging from $1,317,000 to $1,863,000. Cleanup work is 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.
The petroleum contamination at this property originated from underground storage tanks installed and operated beginning in 1926 — more than six decades before the 1986 threshold after which occurrence-based CGL policies began excluding pollution claims in any meaningful way. Carriers who issued policies to the station's operators during that long pre-1986 window had no effective pollution exclusion and may remain obligated for the costs of this release. With remediation estimates running from $1.3 million to nearly $1.9 million, historical CGL policies in force during the station's decades of operation represent a potentially material source of recovery — both for costs already incurred and for the substantial remediation expenditures that remain 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.
