This property has a documented history as a gasoline service station going back to 1968. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a Shell-branded gasoline service station and convenience store since 1968, with facilities that included two dispenser islands, three 10,000-gallon gasoline USTs, and one 10,000-gallon diesel UST. Cleanup under the Voluntary Cleanup Program has included the excavation and removal of four 10,000-gallon underground storage tanks and associated piping, removal of 400 cubic yards of contaminated soil, offsite treatment of contaminated rinsate water, and decommissioning of a vapor extraction system. Extensive groundwater monitoring wells are in place and installation of a new remediation system is underway. 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 site traces to gasoline and diesel storage operations that began in 1968 — nearly two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The contamination was serious enough to trigger a LUST listing in 1993, and the remediation costs have compounded over decades: tank removals, large-scale soil excavation, vapor extraction, groundwater monitoring, and now a new remediation system still being installed. Historical carriers who wrote CGL policies covering this station during its pre-1986 operational window may be obligated both to recover past cleanup expenditures and to fund the remediation work that continues today.
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.
