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 — and recover costs already spent.
This property operated as a gas station in Vancouver, Clark County, with three 675-gallon underground storage tanks and a history that included radiator, battery, and tire repair services dating to at least the late 1970s. Cleanup under the Voluntary Cleanup Program has included the 1997 excavation and removal of the three USTs along with 600 cubic yards of petroleum-contaminated soil, followed by the excavation and disposal of 1,029 tons of contaminated soil from two additional areas in 2013. In-situ chemical oxidation via hydrogen peroxide injection was used to treat inaccessible soil, and quarterly groundwater monitoring began in 2014. Cleanup work is ongoing. 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.
Gasoline-range petroleum hydrocarbons from underground storage tanks installed and operated well before 1986 are the source of contamination at this site, with groundwater concentrations at multiple locations documented far above state cleanup levels. 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 remediation costs already incurred — tank removals, large-scale soil excavations, chemical oxidation treatment, and years of groundwater monitoring — along with ongoing cleanup obligations represent expenditures that historical carriers may be obligated both to recover and to fund 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.
