This property has a documented history as a gasoline service station going back to 1958. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as the L & L Exxon service station with underground storage tanks dating to the late 1950s and additional tanks installed in 1979. In 1999, five USTs totaling 13,000 gallons and four fuel dispensers were removed along with contaminated soil. A 2014 Feasibility Study identified remaining petroleum and lead contamination in soil and groundwater and proposed remediation alternatives including chemical oxidant injections and multi-phase extraction, with a preferred alternative estimated at $249,840. Cleanup work is 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 contamination at this site originated from underground storage tanks installed in the late 1950s and 1979 — decades before occurrence-based CGL policies ceased reliably covering pollution claims in 1986. The documented remediation expenditures to date, including tank removal and soil excavation, together with the substantial future cleanup costs outlined in the Feasibility Study, represent obligations that historical carriers who issued policies during those pre-1986 operating years may be required 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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.