Gas Station cleanup site — Restorical Research
Everybodys Store
5465 Potter Rd, Deming, Whatcom County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a gasoline service station going back to 1970. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

This property has operated as a convenience store and gas station since at least 1970, when the current owner acquired the site. Cleanup activities have unfolded in two phases: in 1997, three underground storage tanks totaling 2,050 gallons were removed along with 120 cubic yards of contaminated soil, which was landfarmed and periodically tilled through 2001. A second phase began in 2019 with the removal of an additional 3,000-gallon gasoline UST, associated piping, and two dispensers, with remediation costs potentially supported through a state Loan & Grant Program. Cleanup work remains ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Gas Station
Address5465 Potter Rd, Deming, Whatcom County
Historical UseGas Station
Est. Operating Since1970
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum hydrocarbons (TPH-G, BTEX) and lead detected in soil
Media ImpactedSoil, Groundwater, Air
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #5892

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 contamination at this site — including lead in soil borings consistent with leaded gasoline — traces back to underground storage tanks installed and operated well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Two distinct phases of UST removal, soil excavation, landfarming, and continued investigation represent documented remediation expenditures tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the 1970s and early 1980s may be obligated both to recover costs already incurred and to fund the 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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.