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 was in active development from at least 1956 and at some point housed a 1,000-gallon underground storage tank found to contain both gasoline and diesel products, consistent with motor fuel storage at a former gas station on or adjacent to the site. Cleanup activities under the Voluntary Cleanup Program have included removal of that UST and a pilot groundwater pump-and-treat test that processed approximately 700 gallons of petroleum-affected water. Future remediation plans call for quarterly groundwater monitoring and monitored natural attenuation over a three-to-five-year period, with a projected total project cost of $72,240. 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 originates from a former underground storage tank used for gasoline and diesel — a use tied to a site in active operation well before 1986, in an area where UST infrastructure dates as far back as 1920. Occurrence-based CGL policies issued to operators during that pre-1986 window carried no effective pollution exclusion and remain enforceable today. The documented and projected remediation expenditures here — UST removal, pump-and-treat pilot work, and years of quarterly groundwater monitoring — represent costs that historical carriers may be obligated both to recover 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
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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.
