Gas Station cleanup site — Restorical Research
Keyport Mercantile
Keyport, Kitsap County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a gasoline service station going back to 1978. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

This property in Keyport operated as a gasoline service station for approximately 25 years, with four single-layer steel underground storage tanks and a pump island on the east side of the property. Cleanup activities from 2003 through at least 2007 included removal of all four USTs and associated piping in 2003, excavation and off-site disposal of approximately 595 cubic yards of contaminated soil in 2004, and backfilling with clean cover material. The site entered the Voluntary Cleanup Program in 2004, which was rescinded in 2006, followed by a site hazard assessment in 2007; cleanup work remains ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Gas Station
AddressKeyport, Kitsap County
Historical UseGas Station
Est. Operating Since1978
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum hydrocarbons (TPH-g, BTEX) from leaking underground storage tanks detected in soil
Media ImpactedSoil, Groundwater
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #5579

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 originated from single-layer steel underground storage tanks installed no later than the late 1970s — well before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank and piping removal, nearly 600 cubic yards of soil excavation and disposal, site restoration, and regulatory oversight spanning multiple years — are costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the station's operating window may be obligated both to recover past cleanup costs and to fund the remediation 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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

Ready to learn more?

Contact Us

This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.