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.
Three gasoline underground storage tanks were removed from the Baileys Tires property in 1988 in what was classified as an independent cleanup action. Although the excavation was anecdotally described as clean at the time, no soil or groundwater samples were collected to verify that characterization. A written report by James and David Bailey dated November 2001 documented contaminated groundwater entering the excavation, and the City had independently identified contamination at the site in 1997. Cleanup remains ongoing under the Standard Cleanup program. 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 USTs at this property were installed and in operation before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and contained no effective pollution exclusion. The groundwater contamination documented in the Bailey report — and identified by the City as far back as 1997 — is consistent with a gradual, ongoing release from pre-1986 storage operations, precisely the kind of long-tail environmental claim those policies were written to cover. Historical carriers who issued CGL policies to the operators of this site during the pre-1986 window may carry continuing obligations for the remediation costs now accruing under the Standard Cleanup program.
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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
