This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a retail fueling station with underground storage tanks dispensing gasoline and diesel. USTs were removed in 1985, and a 12,000-gallon tank containing leaded gasoline was removed in 1990, with fuel hydrocarbon contamination discovered in shallow soil and groundwater near the former tanks, product piping, and pump islands. Cleanup under the Voluntary Cleanup Program has included removal of 30 tons of impacted soil, recovery of 5,700 gallons of contaminated groundwater, and hydrogen peroxide injection, with a further remediation phase planned — ORC injection at 25 points, new observation wells, confirmation soil borings, and five quarters of groundwater monitoring at an estimated cost of $98,880. The site remains an active retail fueling station with a convenience store. 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.
Petroleum contamination at this site originated from underground storage tanks and fuel distribution infrastructure that were in place well before 1986 — tank removals in 1985 and the presence of leaded gasoline confirm operations during the era when occurrence-based CGL policies carried no effective pollution exclusion. The documented remediation costs already incurred and the nearly $100,000 in planned cleanup expenditures represent the kind of ongoing expense that historical carriers who issued policies during that pre-1986 operational window may be obligated both to reimburse and to fund through completion.
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.
