This property has a documented history as a gasoline service station going back to 1970. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property was developed as a retail gasoline station and store in the 1970s, suffered a fire in 1978, and has continued operating as a fueling station with underground storage tanks. In 2017, two single-wall steel USTs — one 5,000-gallon and one 6,000-gallon tank — were decommissioned under the Voluntary Cleanup Program, with 501.43 tons of contaminated soil excavated and disposed and 1,500 gallons of contaminated water pumped and removed. Vapor extraction piping was installed for future remediation, and further investigation and cleanup actions remain recommended due to contamination still present at the site. 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 traces to underground storage tanks installed in the 1970s — single-wall steel construction typical of the era — with documented piping leaks identified as early as 1990 and contamination reports dating to 1998. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable. The remediation costs already incurred — UST removal, large-scale soil excavation, contaminated water disposal — and the additional investigation and cleanup work still ahead represent expenditures that historical carriers may be obligated both to recover and to fund going forward.
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.