This property has a documented history as a gasoline service station going back to 1964. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated with an underground storage tank — installed in 1964 for gasoline storage as part of a private fleet fueling operation — that was later removed at an undetermined date. Cleanup activities completed to date include UST removal and disposal of associated soil cuttings; the ongoing Voluntary Cleanup Program scope encompasses soil removal with off-site disposal, in-situ bioremediation, engineered containment, institutional controls, and long-term groundwater monitoring. Remediation at the adjacent Everett Landfill — including a leachate collection and treatment system and a landfill gas extraction system — also influences conditions at this site. 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 hydrocarbon release here originated from a gasoline UST installed in 1964 and was characterized in a 2010 investigation as historical and ongoing for at least a decade, placing its source squarely in the period when occurrence-based Commercial General Liability policies had no effective pollution exclusion. The planned remediation scope — soil excavation, in-situ bioremediation, engineered containment, and multi-year groundwater monitoring — represents substantial future expenditure tied directly to those pre-1986 storage operations. Historical carriers whose CGL policies were in force during the site's operational window may be obligated both to recover documented remediation 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
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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.
