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.
This property operated as an auto repair shop from the early 1950s and as a retail gasoline station from at least the 1970s, with six underground storage tanks — including two 8,000-gallon and one 6,000-gallon unleaded gasoline USTs, a 3,000-gallon diesel UST, and tanks for used oil and heating oil — and eight dispenser islands serving the public. Initial cleanup in 1999 removed all six USTs and eight dispenser islands and excavated 300 cubic yards of petroleum-impacted soil for offsite disposal. Subsequent site characterization in 2009 and a site hazard assessment in 2015 have informed ongoing remediation; cleanup work continues. 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.
Petroleum contamination at this site — gasoline, diesel, benzene, and metals associated with leaded gasoline — traces directly to fuel storage and dispensing operations that began decades before 1986. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures — tank and dispenser removal, large-scale soil excavation, multi-year characterization and assessment — represent costs the historical carriers may be obligated both to reimburse and to fund as cleanup continues.
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.