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.
The Midway Tavern property was the location of a retail gasoline dispensing operation, with a 500-gallon gasoline underground storage tank and an associated dispensing pump, alongside a 500-gallon heating oil UST. Both tanks were removed in 1992, with the gasoline UST estimated to be more than 15 years old at the time of removal — placing its installation before 1977 — and soil samples from the gasoline UST area showed detectable concentrations of total lead, consistent with the use of leaded gasoline. Cleanup included excavation and on-site treatment of approximately 250 cubic yards of contaminated soil, removal of 70 gallons of contaminated water, and operation of both a groundwater treatment system and a soil vapor extraction system through April 1993, with groundwater monitoring continuing through at least 1997. The site has since been redeveloped as a retention pond, though remediation work is 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 gasoline UST at this property was installed no later than 1977, and the presence of leaded gasoline residues in surrounding soil confirms that fuel dispensing operations were well underway before 1986, when occurrence-based Commercial General Liability policies were still standard and lacked effective pollution exclusions. The documented remediation trail here — dual UST removals, soil excavation, groundwater extraction, vapor extraction, and multi-year monitoring — represents real expenditures tied directly to pre-1986 storage and dispensing activity. Historical carriers whose CGL policies covered this property during that operational window may remain obligated to recover those costs and to fund any remediation still required to reach closure.
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.


