This property has a documented history as a gasoline service station going back to 1974. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property, originally constructed in the early 1900s, operated as a fuel station with multiple underground storage tanks — two older USTs in use from at least 1974 and closed in place with concrete in 1984, a 4,000-gallon diesel UST installed in 1976 and removed in 1991, and four 6,000-gallon gasoline USTs installed in 1978. Contamination from historical overfills and spills at the tanks prompted an initial investigation spanning roughly two decades, with cleanup activities including tank removal, on-site landfarming of impacted soil, and confirmatory sampling in 2013. The site's cleanup status remains an ongoing, multi-year project under the Standard Cleanup program. 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.
Petroleum contamination at this property stems from overfills and spills at underground storage tanks that were installed and operated well before 1986, when occurrence-based Commercial General Liability policies were still the industry standard in Washington. The slow, cumulative nature of the releases — spanning tank operations from at least 1974 through subsequent decades — is precisely the type of ongoing occurrence that pre-1986 CGL policies were written to cover. Documented remediation expenditures including tank removals, soil treatment, long-term investigation, and confirmatory monitoring represent costs that historical carriers may be obligated both to recover and to fund as cleanup continues.
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.