This property has a documented history as a gasoline service station going back to 1961. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup.
This property was constructed in 1961 as a gasoline service station with underground storage tanks holding gasoline, waste oil, and heating oil — including leaded gasoline. An initial round of UST removals and contaminated-soil excavation was completed in 1990 and 1991, yielding a No Further Action determination in 2012. In 2023, four additional USTs were decommissioned in place, approximately 1,200 gallons of product and rinse water were removed for off-site disposal, and six fuel dispensers were taken out of service; that work has reopened the cleanup determination, and the property now awaits further remediation under the Voluntary 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.
The cleanup now required at this site — triggered by 2023 decommissioning work that revealed contamination persisting beyond an earlier No Further Action determination — represents remediation expenditures the property owner must plan for going forward. Petroleum storage operations here began in 1961 and included leaded gasoline, an automatic indicator of pre-1986 operations that pre-date the era of CGL policies with enforceable pollution exclusions. Historical carriers who issued occurrence-based CGL policies while the station was operational are plausibly obligated to fund that upcoming cleanup.
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.
