This property has a documented history as a industrial and manufacturing facility going back to 1947. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This 0.41-acre industrial property operated as a beverage distribution facility, with a building constructed in 1947 and a 2,000-gallon gasoline underground storage tank supporting its operations. In 1994 the UST was removed and the excavation expanded to extract approximately 25 cubic yards of contaminated soil and 3,600 gallons of petroleum-affected water. The project remains open under the Voluntary Cleanup Program, with recent monitoring well installations and ongoing requirements for further investigation and reporting before regulatory closure can be achieved. 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 presence of lead in soil and water samples taken in 1994 and 2014 confirms the use of leaded gasoline, which was phased out by 1986 — placing the contaminating release squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion in Washington. Tank lifecycle analysis points to installation around 1969, nearly two decades before those policy forms changed. The documented remediation expenditures to date — tank removal, soil excavation, water recovery, and years of groundwater monitoring — along with the further investigation and cleanup still required to reach closure, represent costs that historical carriers may be obligated both to reimburse 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.