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 recover the cleanup costs already paid.
This property formerly operated with underground storage tanks dispensing gasoline, generating a release of petroleum — gasoline range hydrocarbons into soil and groundwater. Independent remedial actions including site characterization and soil remediation were conducted over an eleven-year period from 1991 to 2002 under the Voluntary Cleanup Program, ultimately resulting in a No Further Action determination after Ecology confirmed the petroleum contamination no longer posed a threat. 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-range hydrocarbon contamination at this property originated from underground storage tank operations that predated 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Over a decade of documented remediation — site characterization, soil cleanup, and groundwater assessment — was required to reach the No Further Action threshold. Historical carriers who issued CGL policies during the period those tanks were in operation may still be obligated to recover the cleanup costs incurred across that eleven-year remediation effort.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
