This property has a documented history as a gasoline service station going back to 1956. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has been in use since at least 1956 and currently operates as the RK Mart, a Texaco gasoline station and mini-mart with three underground storage tanks. A release of gasoline to the subsurface was identified in the vicinity of the USTs and pump island, prompting enrollment in the Voluntary Cleanup Program. Remediation included repair of a leaking UST system reducer in 2003, installation of four groundwater monitoring wells in 2004 with purging of affected groundwater, and continued oversight culminating in a No Further Action determination in August 2008. 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.
Property operations here date to at least 1956, placing them squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented cleanup expenditures — UST system repairs, monitoring well installation, groundwater purging, and years of Voluntary Cleanup Program oversight — were all incurred to address the gasoline release at this site. Historical carriers who issued CGL policies covering this property during the pre-1986 window may be obligated to reimburse those remediation costs.
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.