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 recover the cleanup costs already paid.
This property operated as a gasoline fueling site beginning in the late 1950s, with three steel underground storage tanks holding 500- to 550-gallon capacities of regular and unleaded gasoline. Tanks 1 and 2 were installed in the late 1950s to early 1960s, and a third tank was added in 1980; one tank was taken out of service in the early 1970s while others continued operating into the mid-1980s. After contamination was reported in 1989, cleanup under Ecology's standard program ran through 2012 and included removal of all three USTs, excavation of 15–20 cubic yards of petroleum-contaminated soil with on-site aeration, and off-site disposal of contaminated water recovered from the tanks and excavations. The site has received a No Further Action determination. 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.
Gasoline storage and dispensing at this property began roughly three decades before 1986, the dividing line after which Commercial General Liability policies added effective pollution exclusions. The petroleum release that triggered more than two decades of remediation costs — tank removals, soil excavation, water disposal, and long-term oversight — originated from operations conducted entirely within the pre-1986 policy window. Historical CGL carriers who covered the tank owners and operators during those decades may still bear obligation for the documented cleanup expenditures tied to those insured operations.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.