This property has a documented history as a gasoline service station predating 1986. 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 gasoline service station until at least the late 1960s, with underground storage tanks serving fuel retail operations prior to 1970. The current Jack in the Box restaurant was constructed on the site in the early 1980s. In April 2001, discovery of petroleum contamination triggered excavation and off-site recycling of 192.02 tons of contaminated soil, followed by backfilling and repaving. Multi-year investigations from 2001 through 2004 included extensive soil and groundwater sampling, installation of temporary monitoring wells, and the identification of inaccessible underground storage tanks still present beneath the property. 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 gasoline-range hydrocarbon and diesel contamination at this site originated from filling-station operations that ended more than a decade before 1986, meaning the releases occurred during a period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Documented remediation costs — soil excavation, groundwater investigation, monitoring well installation, and the as-yet-unresolved presence of inaccessible USTs — represent expenditures that historical carriers who issued CGL policies to the station's operators may be obligated both to reimburse and to fund as further delineation and cleanup continue.
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.