This property has a documented history as a gasoline service station going back to 1978. 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 approximately 1978, when the original underground storage tank system was installed. Cleanup under the Voluntary Cleanup Program has included removal of that original UST system, excavation of 902.75 tons of petroleum-contaminated soil, and an aggressive groundwater treatment program involving hydrogen peroxide injection, 400 pounds of ORC-A, and a subsequent application of 2,400 pounds of PlumeStop with additional ORC-A. Remaining contaminated soil has been contained under a cap, and monitored natural attenuation with ongoing groundwater monitoring is in progress. The property continues in active use as a fueling station and convenience store with a current 30,000-gallon UST system. 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 principal contaminants at this site — Total Lead and gasoline-range petroleum hydrocarbons — are signatures of leaded gasoline, a product phased out of commercial sale before 1986. That chemical fingerprint ties the contamination directly to the era when occurrence-based CGL policies covered fuel-station operators at this property without an effective pollution exclusion. The documented remediation expenditures here — nearly a thousand tons of soil removal, multiple rounds of in-situ groundwater treatment, long-term monitoring — represent costs that the historical carriers on risk during those leaded-gasoline years may be obligated to reimburse and to continue funding as cleanup proceeds.
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.