This property has a documented history as a gasoline service station going back to 1955. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a gasoline service station since at least 1955, with Texaco Refining and Marketing, Inc. among its former operators and the site currently active as a Cowlitz B.P. station. Petroleum contamination from product delivery line leaks and underground storage tanks — including a delivery line leak repaired in 1977 — led to discovery of contaminated soil and groundwater containing gasoline, diesel, and BTEX compounds. Cleanup under Ecology's Standard Cleanup program has included UST removals, monitoring well installation and repair, and planning for a groundwater pump-and-treat system, with quarterly groundwater monitoring 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.
Petroleum releases at this site trace directly to fueling infrastructure installed and operated as early as 1955 — more than three decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures already incurred — tank removals, soil management, well construction, and quarterly monitoring — along with the pump-and-treat system still ahead, represent costs that historical carriers who wrote occurrence-based policies during that pre-1986 operational window may be obligated both to reimburse and to continue funding.
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.