This property has a documented history as a gasoline service station going back to 1965. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a Union 76–branded retail gasoline service station with underground storage tanks and fuel dispenser islands; the facility building was constructed in 1965 and the station has since ceased operation. Subsurface investigation has confirmed concentrations of petroleum hydrocarbons, benzene, and lead above MTCA Method A cleanup levels in soil and groundwater in the vicinity of the former UST system. Cleanup activities to date include the removal of three underground storage tanks, installation of three permanent groundwater monitoring wells for ongoing assessment, and the management of approximately 495 gallons of investigation-derived waste awaiting disposal. 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.
Fuel dispensing operations at this site began in 1965, placing the contamination origin more than two decades before 1986 — the threshold year after which occurrence-based Commercial General Liability policies were no longer written without effective pollution exclusions. The presence of lead in both soil and groundwater is a direct chemical marker of leaded-gasoline use, which was phased out of retail fuel before 1986, anchoring the release firmly within the pre-1986 operational window. The cleanup costs the property owner now faces — active groundwater monitoring, waste disposal, and eventual remediation — represent expenditures that historical carriers whose CGL policies were in force during the station's early decades may be obligated to fund.
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.
