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 recover the cleanup costs already paid.
This property at the southeast corner of Everett Memorial Stadium was used as a gas station, leaving gasoline-, diesel-, and motor oil-range petroleum hydrocarbons along with BTEX compounds and lead in both soil and groundwater. Remediation under the Voluntary Cleanup Program ran from at least 2008 to 2010, involving soil excavation and off-site transportation of contaminated waste. Post-remedial groundwater monitoring followed, and the site has since achieved No Further Action status. 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 presence of lead in groundwater alongside petroleum hydrocarbons is a strong indicator that fuel dispensing operations here predated 1986, when leaded gasoline was still commercially available. Occurrence-based Commercial General Liability policies written during that pre-1986 operational window carried no effective pollution exclusion and may remain enforceable today. The documented remediation costs — soil excavation, off-site waste disposal, and multi-year groundwater monitoring — represent expenditures directly attributable to releases that originated in that earlier era, when historical carriers were on the risk.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
