This property has a documented history as a gasoline service station going back to 1930. 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 service station with a 500-gallon gasoline underground storage tank presumed in service from 1930 to 1960, at a facility originally constructed in 1907. During UST removal in September 1995, a petroleum release was identified, and approximately 70 tons of contaminated soil were excavated. Analytical results confirmed gasoline-range petroleum hydrocarbons, benzene, ethylbenzene, toluene, and xylenes at concentrations exceeding MTCA Method A soil cleanup levels. No additional remediation activities or ongoing cleanup projects have been reported. 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 contamination at this property traces to an underground storage tank that was in service decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation costs — tank removal and excavation of 70 tons of petroleum-impacted soil — were incurred to address a release originating from those pre-1986 operations. Historical carriers who issued CGL policies during the tank's operational window may be obligated both to recover past cleanup expenditures and to fund any further remediation the site requires to reach closure.
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
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.