This property has a documented history as a gasoline service station going back to 1956. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a gas station and auto repair facility from approximately 1956 through the early 1980s, with underground storage tanks dispensing gasoline and petroleum products during that period. A retail building was constructed on the site in 1985 following cessation of gas station operations. Subsequent investigations have confirmed petroleum hydrocarbon contamination — TPH-G, TPH-D, TPH-O, and BTEX — in soil and groundwater above cleanup levels, and documents explicitly state that no independent cleanup actions have been completed to date. The site is currently enrolled in the Voluntary Cleanup Program and awaiting remediation. 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 petroleum hydrocarbon contamination at this property originated from gas station operations that ran for approximately three decades before 1986 — the period when occurrence-based Commercial General Liability policies still lacked an effective pollution exclusion under Washington law. The gradual accumulation of TPH and BTEX in soil and groundwater from underground storage tanks is precisely the type of long-term release those pre-1986 policies were designed to cover. The investigation and remediation costs the current property owner now faces — site characterization, remedial design, and the eventual cleanup — could plausibly be funded by historical carriers whose policies were in force during that operational window.
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.
