This property has a documented history as a gasoline service station going back to 1977. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a gasoline service station from at least 1977, when the facility building was constructed, with underground storage tanks in place until their removal in 1987. Phase I and II site investigations have confirmed gasoline above MTCA Method A cleanup levels in soil, and gasoline, diesel, and 1,2-dibromoethane (EDB) above cleanup levels in groundwater. The property is in the process of being acquired; the buyer intends to conduct an independent remedial investigation and cleanup under the Voluntary Cleanup Program or a Pollution Liability Insurance Agency program, and no active remediation has commenced. 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 site were installed and actively dispensing fuel before 1986, the year occurrence-based Commercial General Liability policies with no effective pollution exclusion gave way to policies that explicitly excluded contamination claims. The gradual release of gasoline, diesel, and EDB into soil and groundwater is precisely the type of long-tail pollution event those pre-1986 policies were written to cover. The investigation and remediation costs the incoming owner now faces — site characterization, cleanup design, and remediation itself — could plausibly be funded by historical carriers whose CGL policies were in effect during the operational years of those tanks.
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.
