This property has a documented history as a gasoline service station going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Underground storage tanks at this Kelso property have been documented as early as the 1950s, with the site historically operating as a gas station and automotive repair facility. In November 1996, two USTs were excavated and removed; during the process, one tank was punctured, releasing approximately 150 gallons of weathered gasoline. Groundwater sampling has identified gasoline, BTEX compounds, and lead — the presence of lead consistent with historical use of leaded gasoline predating its phase-out. Cleanup is ongoing under Ecology's Standard Cleanup program. 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.
Fuel storage infrastructure at this site dates to the 1950s, placing the origin of contamination squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The weathered gasoline released during the 1996 tank removal and the lead detected in groundwater both point to decades-old contamination from operations well before 1986. Historical carriers who provided CGL coverage during those decades of fuel storage and dispensing may be obligated to fund both the recovery of remediation costs already incurred and the cleanup work 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.