This property has a documented history as a gasoline service station going back to 1983. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a retail fueling station since at least 1983, when the current station building and underground storage tank system — three USTs with a combined capacity of 28,000 gallons of gasoline — were installed at the northeast corner of First Avenue South and South 160th Street in Burien. Contamination from historical operations was discovered in 1993, and the site entered the Leaking Underground Storage Tank program in 1994. Cleanup under the Voluntary Cleanup Program has included a remedial excavation removing 164 tons of contaminated soil, application of 2,375 pounds of calcium peroxide for in-situ bioremediation of residual soil and groundwater impacts, and multi-year groundwater monitoring continuing since 1993. 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 station originated from underground storage tanks installed and operating since 1983 — three years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures — soil excavation, in-situ bioremediation, and over three decades of groundwater monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations, and quarterly monitoring is still ongoing. Historical carriers who issued CGL policies covering this station during the early-to-mid 1980s may be obligated both to recover past cleanup costs and to fund the remediation work that remains 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.