This property has a documented history as a gasoline service station predating 1986. 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 retail gasoline station with underground storage tanks predating 1986, confirmed by precision testing records from 1989. In April 1991, four gasoline USTs totaling 36,000 gallons and one 500-gallon used motor oil tank were removed, with approximately 425 cubic yards of contaminated soil excavated and an additional 100 cubic yards of contaminated fill identified but left in place. Free-product recovery from groundwater has been ongoing since at least 1993, a vapor extraction pilot test was conducted that same year, and a dual-phase vapor extraction system is planned for continued soil and groundwater remediation. The site remains in active commercial use as a Jackpot convenience store and retail gasoline station. 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 petroleum contamination at this property — gasoline-range hydrocarbons and BTEX in soil and groundwater — originated from underground storage tanks that were in service well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs spanning more than three decades — tank removals, soil excavation, free-product recovery, vapor extraction testing, and long-term monitoring — represent expenditures the historical carriers may be obligated both to recover and to fund as cleanup continues under the dual-phase extraction system still ahead.
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.