This property has a documented history as a gasoline service station going back to 1946. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property has been developed since 1946, with major development by 1956 and historical use as a construction staging area from the 1960s. Multiple underground storage tanks for gasoline, diesel, and heating oil were installed on site, with some removed in the early 1970s and others abandoned by the late 1970s. Cleanup under the Voluntary Cleanup Program has included the removal of five USTs totaling 15,300 gallons, excavation of over 1,650 cubic yards of petroleum-impacted soil, removal of an oil/water separator and sump, and installation of an asphalt cap over remaining impacted soils with a Restrictive Covenant recorded in 2002. Investigations ongoing since 2000 have led to proposed remediation alternatives — including air sparging, soil vapor extraction, chemical oxidation, and groundwater pump-and-treat — with estimated costs ranging from $2.87 million to $6 million. 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.
Gasoline releases from underground storage tanks installed and operated well before 1986 are the confirmed source of contamination at this property. Occurrence-based CGL policies in effect during that pre-1986 operational window carried no effective pollution exclusion under Washington law and remain enforceable today. With remediation costs projected between $2.87 million and $6 million — on top of the substantial excavation and monitoring work already completed — historical carriers who insured the operators during the decades when these tanks were in service may be obligated both to reimburse past cleanup expenditures and to fund the remediation 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.
