This property has a documented history as a gasoline service station going back to 1934. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a gasoline and automotive service station from 1934 until decommissioning in 1989, with three gasoline underground storage tanks and one used oil UST on site. Cleanup under the Voluntary Cleanup Program has included excavation of 1,200 cubic yards of contaminated soil, in situ soil venting that removed 2,400 pounds of petroleum, groundwater pump-and-treat operations, and LNAPL recovery. Groundwater monitoring has been ongoing since at least 1991, and further remedial investigation and action planning are intended. 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 site was not attributed to any single release event but to decades of routine gasoline station operations dating back to 1934 — more than fifty years before the 1986 shift away from occurrence-based CGL coverage. The remediation expenditures already incurred — soil excavation, vapor extraction, groundwater treatment, and over three decades of monitoring — along with the further remedial work still planned, represent costs that historical carriers who issued policies during that 1934–1986 window may be obligated both to recover and to fund going forward.
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.
