This property has a documented history as a gasoline service station going back to 1983. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a gasoline service station with at least six underground storage tanks — including gasoline USTs and a waste-oil UST — with tank installations dating to the early 1980s. An interim action in 2008–2009 under the Voluntary Cleanup Program removed all six USTs and associated subsurface structures, excavated 2,635 tons of petroleum-impacted soil, and dewatered tens of thousands of gallons of contaminated water. Proposed next-phase cleanup alternatives include additional soil excavation, in-situ chemical oxidation, enhanced bioremediation, institutional controls, and five years of groundwater monitoring, with estimated costs ranging from $50,000 to nearly $1.94 million. 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.
Petroleum contamination at this property originated from underground storage tanks installed and operated before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation expenditures already incurred — tank removals, large-scale soil excavation, dewatering — together with the substantial future cleanup costs still ahead make this site a candidate for recovery from historical carriers whose CGL policies were in effect during the years those tanks were leaking. Those same carriers may also be obligated to fund the remaining remediation work.
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.