This property has a documented history as a gasoline service station going back to 1930. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property hosted at least three gasoline service stations with underground storage tanks and fueling islands from the 1930s through the 1970s. Cleanup activities have been underway since 1986 and include multiple UST removals, excavation of over 1,300 cubic yards of contaminated soil, and on-site bioremediation. A previous No Further Action determination was rescinded in 2024 after discovery of additional petroleum impacts, and a new Cleanup Action Plan calls for extensive soil excavation to depths of 7–20 feet, installation of a vapor intrusion mitigation system, ongoing groundwater and indoor air monitoring, and an Environmental Covenant restricting future site use. 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 property originated from fueling operations that began in the 1930s — more than five decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. Four decades of documented remediation expenditures have already been incurred, and the 2024 rescission of the site's NFA status means a new round of cleanup costs — deep excavation, vapor mitigation, long-term monitoring — is now committed. Historical carriers whose CGL policies were in force during the decades of active fueling operations may be obligated both to recover past remediation costs and to fund the cleanup work that lies ahead.
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.
