This property has a documented history as a gasoline service station going back to 1950. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a gasoline service station from at least the early 1950s, with a building on site dating to 1937 and underground storage tanks installed as early as 1971. Contamination was first discovered in 1994, and cleanup activities spanning multiple years have included the removal of ten underground storage tanks, excavation of hundreds of tons of contaminated soil, pumping of thousands of gallons of petroleum-impacted groundwater, and additional remediation measures including soil aeration, thermal desorption, and vapor mitigation. Three remaining 2,000-gallon USTs were removed in March 2020 when the property transitioned from a gasoline station and convenience store to its current use as a cannabis retail store. 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 originated from fueling operations that began more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation expenditures — ten UST removals, large-scale soil excavation, groundwater treatment, thermal desorption, and ongoing monitoring — represent costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover cleanup costs already incurred and to fund the remediation work that remains 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.