This property has a documented history as a gasoline service station going back to 1966. 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 commercial gasoline service station since the 1960s, with the facility constructed in 1966 and remodeled between 1977 and 1982. Current operations include a restaurant, commercial vehicle refueling islands with gasoline and diesel dispensers, a vehicle maintenance area, and a truck wash. Cleanup under the Voluntary Cleanup Program has included over-excavation of contaminated drywells with offsite soil disposal, and the wastewater disposal system was upgraded to a 1,000-gallon septic vault to prevent further contamination. Residual contamination remains, requiring periodic site reviews every five years. 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.
Contamination at this property originated from drywell structures and underground storage tanks that have been in use since the early 1960s — more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures — drywell excavation, contaminated soil disposal, wastewater system upgrades, and ongoing five-year monitoring obligations — are directly tied to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the facility's first two decades of operation may be obligated to recover costs already incurred and to fund the continuing site-review requirements.
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.
