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 — and recover costs already spent.
This property operated as a gasoline fueling facility with underground storage tanks that were leaking by the time a 1992 engineering report documented soil contamination from gasoline, xylenes, and benzene. Cleanup activities under the Standard Cleanup program have included remedial excavation of contaminated soil around the leaking USTs, and groundwater monitoring is planned as part of an ongoing, potentially multi-year remediation effort. Liable parties remain responsible for all remedial action costs. 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 contamination at this site — gasoline constituents including xylenes and benzene — originated from underground storage tanks whose leaking condition was already documented by 1992, strongly indicating the tanks were installed and operating well before 1986. Occurrence-based CGL policies issued during that pre-1986 operational window carried no effective pollution exclusion in Washington and remain enforceable today. With cleanup started and future groundwater monitoring costs ahead, historical carriers who covered the facility during the period of UST operations may be obligated both to recover past remediation expenditures and to fund the work still to come.
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.