This property has a documented history as a gasoline service station going back to 1979. 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 before its conversion to a bank, with at least two underground storage tanks identified on-site through ground-penetrating radar. A Phase II Environmental Site Assessment in October 2004 confirmed petroleum hydrocarbon impacts to both soil and groundwater; cleanup activities included the removal of one gas UST and the excavation and off-site disposal of approximately 377 tons of contaminated soil. Additional USTs may remain beneath the parking lot, and remediation work is ongoing under Ecology's Standard Cleanup program. 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 property traces to underground storage tanks estimated to have been installed around 1979 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The cleanup costs already incurred — tank removal, large-scale soil excavation, environmental assessment — and the costs still ahead as the site works toward closure represent expenditures that historical CGL carriers may be obligated both to reimburse 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
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.
