This property has a documented history as a gasoline service station going back to 1967. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Conway Feed operated two underground storage tanks — a 1,000-gallon gasoline UST and a 2,000-gallon diesel UST installed around 1967 — both of which corroded through and released fuel into surrounding soil. Cleanup under the Voluntary Cleanup Program began in 1991 with UST removal, followed by excavation of approximately 15 cubic yards of contaminated soil; additional impacted soil and a concrete slab were removed in 2010–2011. All excavated soils were remediated on-site through aeration and land farming, and site monitoring continued through at least 2018. Lead contamination was also documented at the site, consistent with the use of leaded gasoline during the earlier decades of tank operation. 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 storage tanks at this property were installed around 1967 and dispensed both gasoline and diesel for roughly two decades before the 1986 threshold after which occurrence-based Commercial General Liability policies effectively closed off pollution coverage. The presence of lead contamination further corroborates that fuel releases were occurring during the leaded-gasoline era, when those legacy CGL policies were squarely in force. Documented remediation costs run from UST removal in 1991–1992 through soil excavation and long-term monitoring extending into 2018, and the carriers who issued CGL policies during those pre-1986 operating years may still be obligated to fund the remaining cleanup.
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.
