This property opened in 1936 as R.H. Michaels Service Station, an automotive service and refueling facility equipped with multiple underground storage tanks — three 1,000-gallon and two 5,000-gallon gasoline USTs, plus a 500-gallon waste oil tank. In 1994 those tanks were decommissioned and removed, with excavation revealing contaminated soil that was backfilled and capped with pavement. The site has remained under ongoing regulatory oversight and investigation from 1994 through at least 2012. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 traces to underground storage tanks installed and operated as far back as 1936 — five decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation costs incurred since 1994, including UST removal, soil excavation, capping, and years of continued investigation, arose from releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the station's long operational window may still be obligated both to recover past cleanup expenditures and to fund the ongoing oversight this site requires.
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.
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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.