This property has a documented history as a gasoline service station going back to 1977. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property operated as a 7-Eleven convenience store and retail gasoline distributor, with three 12,000-gallon steel underground storage tanks and a dispenser island serving the fueling operation. Cleanup under the Voluntary Cleanup Program ran from 2000 to 2002 and included excavation and removal of all three USTs and associated piping, soil excavation, and proper disposal of tank cleaning water. A weeping product line was reported in September 2000, and lead was detected in soil samples at the site. The site has received a No Further Action determination. 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 underground storage tanks at this property were installed no later than 1977 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The detection of lead in soil, a marker of leaded-gasoline-era operations, further confirms that contamination originated during the pre-1986 policy window. Historical carriers who provided CGL coverage during the years these tanks were in service may still be obligated to recover the remediation costs incurred to remove the USTs, excavate impacted soil, and close out the site.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
