This property has a documented history as a gasoline service station going back to 1966. 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 beginning in 1966, with underground storage tanks and fuel dispenser islands serving retail customers at 1218 State Avenue in Marysville. The station and its USTs were decommissioned during redevelopment of the Safeway Plaza property in the 1980s and 1995, and cleanup under the Voluntary Cleanup Program has included multiple rounds of UST and dispenser island removal, excavation and disposal of over 192 tons of petroleum-contaminated soil and 6,820 gallons of contaminated water, application of 1,800 pounds of oxygen-releasing compound for bioremediation, and groundwater monitoring conducted from 1995 through 2011. Institutional controls and additional soil removal are proposed to address remaining contamination. 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 and operated from 1966 through the 1980s — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures to date — tank removals, soil excavation, contaminated water disposal, bioremediation, and over fifteen years of groundwater monitoring — along with the proposed institutional controls and further soil removal still ahead, represent costs that historical carriers who issued CGL policies during those two decades of gas station operations may be obligated both to recover 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.


