This property has a documented history as a gasoline service station going back to 1972. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Deming Quick Stop has operated as a gasoline station and convenience store at this Whatcom County location since 1972, when 2,000-, 4,000-, and 6,000-gallon underground storage tanks were installed for dispensing gasoline and diesel fuel. The site operated for a period as a Texaco station; the original USTs were removed in 1998. A formerly leaking capped pipe was subsequently found to have been releasing petroleum into soil and groundwater for an unknown period, and an active investigation is underway to determine the full extent of contamination, with cleanup pending. 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 storage and dispensing operations at this property began in 1972 — more than a decade before the 1986 industry shift away from occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The contamination now under investigation originated from a pipe that had been leaking for an unknown duration, precisely the type of gradual, undetected release that pre-1986 CGL policies were written to address. Historical carriers who issued policies during the site's pre-1986 operating window may be obligated both to recover documented remediation expenditures and to fund the investigation and cleanup work still 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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.