This property has a documented history as a gasoline service station going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a Shell gasoline service station from the early 1960s until it was demolished in 1985–1986, when the current Burger King restaurant was constructed. Petroleum contamination — gasoline, diesel, and benzene — was discovered in soil and groundwater during environmental due diligence conducted in 2020, and has been attributed to the historical service station operations. The property owner has enrolled in the Voluntary Cleanup Program to conduct an independent cleanup, but no remediation work has yet commenced. 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 originated from a Shell service station that was actively dispensing fuel for more than two decades before 1986 — the threshold year after which occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions. The release that surfaced during the 2020 due diligence is precisely the type of slow, ongoing contamination event those pre-1986 policies were written to cover. The investigation and remediation costs now facing the property owner may be recoverable from historical carriers who issued CGL policies while the service station was in operation.
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.