This property has a documented history as a gasoline service station going back to 1941. 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 gasoline service station from approximately 1941 through the mid-1980s, with underground storage tanks for gasoline, waste oil, and fuel oil. USTs were removed in 1983, and the site was redeveloped as the Buckley Library in 1992. Cleanup efforts have spanned two phases: an initial round of investigations and soil work from 1989 to 1993 that included excavation of 1,290 tons of contaminated soil treated by thermal desorption, and a second round of investigation from 2017 to 2021 under the Voluntary Cleanup Program. The preferred remediation plan for the remaining northeast-area contamination calls for excavation of an estimated 1,200 cubic yards of soil and installation of a granular activated carbon wall for groundwater treatment, at an estimated cost of $357,000. 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 site originated from service station operations and underground storage tanks that were in place for more than four decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The cleanup cost trail already includes thermal treatment of nearly 1,300 tons of soil, and the next phase of remediation alone is estimated at $357,000 — expenses tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies to the station's operators during that 1941-to-mid-1980s window may be obligated both to recover costs already incurred and to fund the remediation still ahead.
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.