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 recover the cleanup costs already paid.
This parcel was formerly occupied by two gasoline stations, with pump islands and fuel storage tanks in place until approximately 1980. Benzene, ethylbenzene, xylenes, and petroleum hydrocarbons from those historical fueling operations were later found in soil and groundwater. An interim remedial action conducted from 1999 to 2003 included removal of fuel storage tanks and petroleum-contaminated soil, groundwater sampling and analysis, and the installation and decommissioning of four monitoring wells, with associated costs paid to Ecology. The site has since reached No Further Action status. 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 at this property originated from gasoline station operations that were active prior to 1986 — the approximate 1980 tank removal date places the fueling operations within the era when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The remediation costs documented here — tank removals, contaminated soil excavation, groundwater monitoring, and well decommissioning — reflect expenditures directly traceable to releases from those pre-1986 operations. Historical carriers who issued CGL policies to the operators of either station during that period may still hold obligations to recover those cleanup costs.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
