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.
This property operated as a gasoline service station prior to 1986, with underground storage tanks dispensing gasoline and diesel for retail sale. Cleanup under the Voluntary Cleanup Program included removal of two 1,000-gallon USTs, excavation of 13,834 tons of petroleum-contaminated soil, recovery of 200 gallons of liquid product from the tanks, and soil vapor evaluation using probes. The on-site cleanup phase is now deemed complete; however, further remedial action remains necessary at other portions of the broader Mercer Street site. 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 contamination documented here — gasoline, diesel, and BTEX compounds — originated from underground storage tanks installed and operated before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation at this property alone — UST removals, nearly 14,000 tons of excavated soil, and soil vapor investigation — represents substantial past expenditures that historical CGL carriers may be obligated to cover. And because active remediation continues at adjoining portions of the same site, those pre-1986 policies remain directly relevant to funding the cleanup costs still ahead.
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.


