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 the mid-1960s, with underground storage tanks that were already in place when the first site assessment began in 1989. Cleanup under the Voluntary Cleanup Program has spanned more than three decades, encompassing multiple UST removals and soil excavations between 1989 and 2020, groundwater treatment via pump and treat, air sparging, and product recovery wells from 1997 through 2016, and soil vapor extraction systems that removed an estimated 1,603 pounds of hydrocarbons. The site continues to operate as the Skyway gasoline station under LH3, LLC. 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 groundwater at this site confirms the use of leaded gasoline — a product phased out before 1986 — establishing that contamination originated squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion in Washington. More than thirty years of documented remediation expenditures — tank removals, soil excavation, groundwater treatment, vapor extraction, and ongoing monitoring — represent costs the historical carriers who insured this station during its pre-1986 operations may be obligated to reimburse, with cleanup still underway.
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.