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 fund a cleanup — and recover costs already spent.
This property operated as a gasoline service station with at least three underground storage tanks — a 2,000-gallon tank, a 3,000-gallon tank, and a 500-gallon reserve tank plumbed directly into the dispenser pipelines as a backup fuel supply. A petroleum release was reported to Ecology in 1991, and full UST removal followed in July–August 2004. Remediation included excavation of 30 tons of petroleum-impacted soil for thermal treatment and recycling, and the pumping and disposal of 60 gallons of impacted groundwater; cleanup work is ongoing. 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 petroleum contamination at this site originated from underground storage tanks that were in active operation before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation here — tank removals, soil excavation, and impacted-water disposal — represents costs directly traceable to that pre-1986 operational window. Historical carriers who issued CGL policies while the tanks were dispensing fuel may be obligated to recover expenditures already incurred and to fund any continuing cleanup obligations 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.
