This property has a documented history as a gasoline service station going back to 1980. 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 gasoline service station, with the facility building constructed in 1980, and contamination at the site originated from a petroleum tank system that released gasoline, diesel, benzene, toluene, and xylenes into the soil. Independent cleanup actions — including excavation and removal of contaminated soil and the petroleum tank system — have reportedly been completed. The site has since been listed as a state cleanup site under the Model Toxics Control Act, placing it in an ongoing, multi-year remediation process involving phased activities and continuing regulatory oversight. 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 tank system documented as the source of contamination here was installed and in operation by 1980 — six years before the pollution-exclusion language in CGL policies became broadly enforceable. Carriers who issued occurrence-based policies to the station operator during that pre-1986 operational window may bear liability for the soil contamination and its associated remediation costs. The documented cleanup work — tank removal, soil excavation, and the phased MTCA process now underway — represents expenditures those 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.
