This property has a documented history as a gasoline service station going back to 1978. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property operated as a retail gasoline station and convenience store with underground storage tanks installed circa 1978. Three USTs were removed in 1990 and 1995, along with approximately 40 cubic yards of petroleum-impacted soil excavated from the vicinity of a former dispenser island. Remediation under the Voluntary Cleanup Program included application of oxygen releasing compound to groundwater, installation of an infiltration gallery for potential future ORC re-injection, and quarterly groundwater monitoring from January 2000 through at least August 2012. The site has received a No Further Action determination. 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 resulted from overfilling during product delivery and routine dispensing operations that date to at least 1978 — confirmed by the presence of total lead in soil samples, a signature of leaded gasoline sold well before 1986. Occurrence-based CGL policies issued to the station's operators during that pre-1986 window carried no effective pollution exclusion under Washington law. More than a decade of documented remediation expenditures — tank removals, soil excavation, groundwater treatment, and long-term monitoring — represent costs that historical carriers who covered those operations may still be obligated to reimburse.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.