This property has a documented history as a bulk fuel distribution terminal going back to 1966. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a petroleum bulk plant and cardlock facility, housing eight large underground storage tanks — ranging from 8,000 to 23,000 gallons — storing diesel, unleaded gasoline, and leaded gasoline. In 1991, all eight USTs were removed, three replacement tanks were installed, and cleanup began under the Standard Cleanup program. Remediation from 1991 through 1992 included excavation and off-site treatment of over 6,000 cubic yards of contaminated soil, with an additional 50 cubic yards left in place. Groundwater monitoring and intermittent free-product removal have continued since, with quarterly sampling through monitoring wells installed on site. 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 eight USTs removed in 1991 stored leaded gasoline among other fuels — a product phased out of commercial sale well before 1986 — confirming that bulk storage operations at this property were underway decades before occurrence-based CGL policies added effective pollution exclusions. The documented remediation costs here are substantial: large-scale soil excavation, off-site treatment, monitoring-well installation, and years of groundwater monitoring and free-product recovery. Historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to reimburse those past expenditures and to fund the ongoing groundwater remediation that the site's Cleanup Started status 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.
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.