This property has a documented history as a gasoline service station going back to 1936. 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 fueling station and automotive repair shop from approximately 1936, with multiple underground storage tanks storing and dispensing gasoline across more than eight decades of operation. UST removals in 2018 confirmed a gasoline release from Tanks 1, 2, and 3; the tanks were found in poor condition — with holes in the walls and no cathodic protection — consistent with long-term, chronic leakage from aging infrastructure. Cleanup is underway through Washington's Voluntary 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 contamination here — gasoline-range petroleum hydrocarbons and carcinogenic polycyclic aromatic hydrocarbons (cPAHs) — traces to underground storage tanks installed and operated well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The physical condition of the tanks at removal — corroded walls, absent cathodic protection — is evidence of decades of slow release, exactly the type of gradual pollution event those pre-1986 policies were written to cover. Historical carriers whose CGL policies were in force during the fueling station's pre-1986 operational window may be obligated to fund the ongoing remediation costs at this site.
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.
