This property has a documented history as a gasoline service station going back to 1961. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property was commercially developed as a truck stop in 1961 with a 10,000-gallon underground storage tank, and a convenience store with additional USTs was installed in 1968. When the original four tanks were decommissioned and replaced in 1994, petroleum contamination was discovered, prompting the excavation and disposal of 900 tons of diesel-impacted soil. A No Further Action determination issued in 1995 was later rescinded after gasoline and diesel impacts above MTCA Method A cleanup standards were identified, and the site has since entered the Voluntary Cleanup Program with recommended remediation including quarterly groundwater monitoring, direct injection of oxygen-releasing compound, and further soil excavation. 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 continuously from 1961 — twenty-five years before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation costs already incurred — 900 tons of contaminated soil removal, catch basin cleaning, site investigations — and the substantial future costs now recommended under the Voluntary Cleanup Program represent expenditures that historical carriers who wrote CGL policies during the 1961–1986 operational window may be obligated both to reimburse and to fund going forward.
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.