This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a gasoline service station, with a former underground storage tank confirmed as the primary source of gasoline-range TPH and BTEX contamination in the soil. Cleanup activities in 2020 included removal of that UST and excavation of impacted soil across three discrete areas of the property; site assessment was continuing as of 2022. Full remediation of the remaining petroleum impacts is still pending. 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 gasoline release here originated from a UST installed and operated before 1986 — when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Those historical policies, if issued to operators of this property during that pre-1986 window, remain potentially enforceable today and could fund the investigation and remediation costs that this property still faces 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
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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.