This property has a documented history as a gasoline service station going back to 1965. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property historically operated as a fuel dispensing facility with at least five underground storage tanks serving both diesel and gasoline. The USTs were removed in the early 1990s along with overexcavation of contaminated soil, and the site received a No Further Action determination in 2012. However, investigations in 2022 revealed residual soil and groundwater contamination from the original UST operations, prompting Ecology to rescind the NFA status and require further cleanup — which may include monitored natural attenuation, in-situ injection, and additional excavation. 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 traces to underground storage tanks estimated to have been installed around 1965, more than two decades before occurrence-based CGL policies ceased reliably covering pollution claims. Decades of remediation expenditures — tank removals, soil excavation, investigation, and now a second round of cleanup after the NFA rescission — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover costs already spent and to fund the remediation work 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.