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 fund a cleanup — and recover costs already spent.
This property, now operating under the McMahans Furniture name, previously hosted underground fuel storage consisting of one 675-gallon diesel UST and one 550-gallon gasoline UST, consistent with historical fuel-dispensing use. In August 1997, both tanks were decommissioned by pumping out remaining liquids, cleaning, and filling them in place with inert material; no soil was removed from the UST area at that time. Subsequent investigation identified gasoline-range hydrocarbons in excess of Ecology's MTCA Method A cleanup levels, and remediation at the site remains ongoing. 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 underground storage tanks at this property were installed and operated well before 1986 — the period when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The petroleum hydrocarbon contamination documented at this site is tied directly to that pre-1986 fuel-dispensing operation, and active cleanup obligations remain outstanding. Historical CGL carriers who issued policies during the tanks' operational life may bear obligations both to recover costs already incurred and to fund the remediation work 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
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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.
