This property has a documented history as a gasoline service station going back to 1936. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The Shamseldin Property has been used as a gasoline service station since 1936, with underground storage tanks installed in the 1970s and reportedly six USTs on site, all closed in place. Petroleum hydrocarbon contamination in groundwater has been documented dating to the late 1970s and is attributed to the historical operation of the station. The proposed cleanup plan calls for excavation and removal of the product piping, USTs, and up to 1,000 tons of contaminated soil, backfilling with 1,400 tons of clean material, placement of groundwater remediation substrate, and two years of quarterly groundwater monitoring — at an estimated total cost of $229,000. 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.
This site's contamination originates from a gasoline station that opened in 1936 and operated USTs for decades before 1986, the year pollution exclusions became standard in CGL policies. Groundwater impacts traceable to the late 1970s place the triggering release firmly within the window when occurrence-based policies carried no effective pollution exclusion in Washington. The $229,000 in proposed remediation costs — covering tank removal, soil excavation, groundwater treatment, and two years of monitoring — represents expenditures that historical carriers whose policies were in force during those operational decades may be obligated to fund.
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.
