This property has a documented history as a gasoline service station going back to 1920. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a gasoline service station for approximately forty years, from the 1920s through the 1960s, with on-site underground storage tanks including a 1,000-gallon gasoline tank, a 280-gallon gasoline tank, and a 55-gallon oil tank. A Phase II Environmental Site Assessment in 1996 confirmed petroleum hydrocarbon contamination in groundwater, and an independent cleanup action was subsequently completed and reported. The site is currently awaiting further cleanup 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.
Petroleum contamination at this property originated from fueling operations that began in the 1920s — more than six decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions in 1986. The documented groundwater contamination from gasoline, diesel, and heavy oil is the type of gradual release that pre-1986 CGL policies were written to cover without restriction. Historical carriers who provided liability coverage during the station's decades of operation may be obligated to fund the cleanup costs this property still faces.
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.
