This property has a documented history as a gasoline service station going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a gasoline station and grocery store beginning in 1950, with underground storage tanks holding heating oil and other petroleum products on-site for decades. In 2008, two USTs — a 1,100-gallon heating oil tank and a 100-gallon tank of unknown contents — were excavated and removed, along with approximately 148 tons of petroleum-impacted soil. The site remains enrolled in the Standard Cleanup program with active remediation yet to commence. 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 contamination at this property — gasoline-range hydrocarbons, ethylbenzene, and xylenes — originated from underground storage tanks installed and operated from 1950, more than three decades before the 1986 threshold at which occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The 2008 tank removals addressed the contamination source, but site remediation has not yet begun. The investigation, design, and cleanup costs the property owner now faces could plausibly be funded by historical carriers whose CGL policies were in force during those pre-1986 operating years.
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.
