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 previously operated as a full-service station — including fuel dispensing, a service garage, and auto sales — with nine underground storage tanks and eight hydraulic hoists documented on site. Remediation has been underway since at least 2001 under the Voluntary Cleanup Program, encompassing removal of all nine USTs and eight hydraulic hoists, excavation of over 15,982 tons (11,400 cubic yards) of contaminated soil, ongoing groundwater dewatering at rates of 5,200 to 15,000 gallons per week, and two chemical injection events deploying 2,400 gallons of PetroFix across 20 temporary injection points in 2020 and 2021. Groundwater monitoring, institutional controls, and waste disposal activities remain 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.
The petroleum hydrocarbon contamination at this site — gasoline-range, diesel-range, and oil-range TPH in soil and groundwater — originated from underground storage tanks and hydraulic service equipment whose presence strongly indicates operations extending well before 1986. Occurrence-based Commercial General Liability policies issued to operators during that pre-1986 window had no effective pollution exclusion in Washington and remain enforceable today. The documented remediation costs here — nine UST removals, excavation of nearly 16,000 tons of impacted soil, years of active groundwater dewatering, and chemical injection treatment — 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.
