This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property housed multiple regulated underground storage tanks containing gasoline and diesel fuel to support operations at the Overlake Golf & Country Club. Cleanup activities spanned from 1993 to 2012, beginning with the removal of a gasoline UST in 1993 and continuing with the removal of two additional USTs — gasoline and diesel — and the overexcavation and off-site disposal of approximately 550 tons of petroleum-contaminated soil in 2007. Soil and groundwater sampling confirmed that Method A cleanup levels were achieved. 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 petroleum contamination at this site originated from underground storage tanks described as old at the time of their removal in the 1990s, placing their installation and operation well before 1986. Occurrence-based CGL policies in effect during those earlier decades of tank operation carried no effective pollution exclusion under Washington law. The documented remediation costs — multiple UST removals, large-scale soil excavation and disposal, and years of confirmatory sampling — represent expenditures that historical carriers may be obligated to cover.
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.