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.
An investigation at this Olympia property found soil and groundwater contaminated with petroleum gasoline, petroleum diesel, MTBE, TEX compounds, polycyclic aromatic hydrocarbons (PAHs), and lead — all detected above MTCA cleanup levels. The complaint triggering the investigation also alleged the burial of hazardous materials including oil drums, a disposal practice associated with operations that predated modern environmental regulations. No remediation or cleanup activities have been performed to date; the site is enrolled in Washington's Standard Cleanup program and awaits active remediation. 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 burial of oil drums and the petroleum contamination profile identified here are hallmarks of fuel-handling operations that were common before RCRA and HSWA tightened environmental standards in the late 1970s and early 1980s — well within the window when occurrence-based CGL policies carried no effective pollution exclusion. Because contamination originated from historical disposal practices rather than a recent accident, the release event ties to an era when those legacy policies were the industry standard and remain potentially enforceable. The investigation, remedial design, and cleanup costs the property owner now faces could plausibly be funded by historical carriers whose policies were in effect when the contamination first occurred.
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.
