This property has a documented history as a gasoline service station going back to 1985. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property has operated as a retail petroleum facility since at least 1985, when four underground storage tanks — two 12,000-gallon gasoline USTs and one 10,000-gallon diesel UST — were installed on site. A fuel dispenser was damaged in August 1989, releasing gasoline and triggering cleanup under the Voluntary Cleanup Program. Remediation included excavation of approximately 440 cubic yards of impacted soil in 1990, replacement of the USTs in 1993 with removal of an additional 1,025 cubic yards of soil, operation of soil vapor extraction and groundwater extraction systems from 1990 to 1992 that recovered 720 pounds of total petroleum hydrocarbons, and groundwater monitoring extending through 2011. The site has received a No Further Action determination. 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 originated from underground storage tanks installed in 1985, during the final window in which occurrence-based Commercial General Liability policies were routinely issued without an effective pollution exclusion. More than two decades of documented remediation expenditures — soil excavation, UST replacement, vapor and groundwater extraction, and long-term monitoring — were incurred to address releases tied directly to those pre-1986 tank operations. Historical carriers who issued CGL policies covering this facility in 1985 and 1986 may still be obligated to recover those cleanup costs.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.