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 — and recover costs already spent.
This property was developed as a gas station and automated car wash in 1977, operating as the Rain Tree Car Wash and Union 76 Station with three 12,000-gallon underground storage tanks holding diesel fuel and gasoline. Leaks were reported as early as 1979, and an explosion incident occurred in 1978 during the facility's initial years of operation. Cleanup activities included excavation and removal of the three USTs — with removals documented in 1993 and 2003 — along with fuel dispensers, conveyance lines, and associated infrastructure, resulting in off-site disposal of approximately 1,200 cubic yards of contaminated soil and recovery of 1,300 gallons of petroleum-affected water from the excavation. The site was enrolled in the Voluntary Cleanup Program from 2004 to 2006, and cleanup work remains ongoing under the Standard Cleanup program. 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 installed in 1977 — nearly a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented release history, including reported leaks in 1979 and an explosion in 1978, places the onset of contamination squarely within the coverage window of pre-1986 CGL policies issued to the operators. Remediation expenditures already incurred — tank removals, large-scale soil excavation, water recovery — along with any remaining cleanup obligations represent costs that historical carriers may be obligated both to reimburse and to fund going forward.
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.