Gas Station cleanup site — Restorical Research
Fairway Center Chevron
Lynden, Whatcom County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a gasoline service station going back to 1976. 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 Chevron gas station since 1976, when four steel underground storage tanks were installed to serve six fuel pumps at the southwest corner of the Fairway Center commercial property. Petroleum contamination — characterized as relatively old and attributed to spills or leaks predating a 1994 pump, piping, and tank system upgrade — led to cleanup activities including the removal of three underground storage tanks totaling 26,000 gallons of capacity and excavation of 12 tons of petroleum-contaminated soil. Groundwater investigation is underway, and the site remains in active cleanup status as of 2006. The station continues to operate as a Chevron gas station and convenience store. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Gas Station
AddressLynden, Whatcom County
Historical UseGas Station
Est. Operating Since1976
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum hydrocarbons and lead from leaking USTs detected in soil, with groundwater investigation underway
Media ImpactedSoil, Groundwater
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #9734

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 petroleum and lead contamination at this site originated from underground storage tank operations that began in 1976, a full decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The contamination has been explicitly linked to historical piping failures and overfills — not recent operations — placing the triggering releases squarely within the pre-1986 policy window. Documented remediation costs to date, plus the ongoing groundwater investigation and any further cleanup, represent expenditures that historical CGL 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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

Ready to learn more?

Contact Us

This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.