This property has a documented history as a gasoline service station going back to 1945. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property has operated as a gasoline facility since 1945, when Time Oil Co. purchased it as a gasoline retail and automotive repair station; it was converted to gasoline-only retail in the 1970s. During the removal of six underground storage tanks in 1990, gasoline-impacted soil and groundwater were discovered, prompting cleanup under the Voluntary Cleanup Program. Remediation included excavation of approximately 120 cubic yards of contaminated soil, operation of a combined air sparging and soil vapor extraction system from 1997 to 1998 that recovered an estimated 939 pounds of hydrocarbons, and multi-year groundwater monitoring from 1991 through 1999 that confirmed cleanup levels were met. The site has received a No Further Action determination. 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.
Petroleum contamination at this property originated from underground storage tanks that served gasoline retail operations beginning in 1945 — more than four decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures — tank removals, soil excavation, vapor extraction, air sparging, and nearly a decade of groundwater monitoring — were incurred to address releases directly tied to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the 1945-to-1986 operational window may still be obligated to recover those cleanup costs.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
