This property has a documented history as a gasoline service station going back to 1970. 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 station and grocery store from at least the 1970s through the mid-1980s, with three underground storage tanks and two pump islands comprising the fueling system. The USTs and associated contaminated soil were removed in 1988; three decades later, in September 2019, an additional 101.32 tons of petroleum-impacted soil were excavated and sent for thermal desorption and disposal under the Voluntary Cleanup Program. Residual contamination beneath an adjacent roadway has not yet been fully addressed and may require future remedial action. 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 gasoline and benzene contamination at this site originated from fueling operations conducted well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and lacked enforceable pollution exclusions. The documented remediation trail — UST removals in 1988, large-scale soil excavation in 2019, and unresolved residual contamination still awaiting action — spans more than three decades and represents both past expenditures and prospective cleanup costs. Historical carriers who issued CGL policies to the operators during the station's active years may be obligated to contribute to those costs, past and future alike.
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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
