Gas Station cleanup site — Restorical Research
PERRY'S MARKET
Ethel, Lewis County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a gasoline service station going back to 1964. 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 gasoline station since at least 1964, with three steel underground storage tanks — installed between 1964 and 1976 — dispensing fuel at the site for decades. Cleanup under the Voluntary Cleanup Program began with the excavation and removal of all three USTs in 2000, along with approximately 345 cubic yards of petroleum-contaminated soil. In 2019, an additional 447.8 tons of stockpiled contaminated soil were removed and disposed of off-site. Remaining contamination is now managed through engineered controls — a building and asphalt cap — along with an environmental covenant and long-term monitoring subject to five-year periodic reviews. The property continues to operate as a retail fueling station, post office, and market. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Gas Station
AddressEthel, Lewis County
Historical UseGas Station
Est. Operating Since1964
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum hydrocarbons (gasoline) from leaking underground storage tanks detected in soil
Media ImpactedSoil, Groundwater, Air
Regulatory ProgramMTCA — Voluntary Cleanup Program
Ecology Site #9851

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 site originated from leaking underground storage tanks that were installed and operated continuously from 1964 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures here — UST removal, soil excavation, off-site disposal of hundreds of tons of contaminated material, engineered controls, and ongoing long-term monitoring — represent costs that historical carriers who wrote CGL policies during the 1964-to-1986 operational window may be obligated both to reimburse and to fund on a going-forward basis.

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.

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