This property has a documented history as a gasoline service station going back to 1981. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property has operated as a gasoline service station since 1981, originally under the Tesoro brand, with two dispenser islands and four 10,000-gallon underground storage tanks. Cleanup under the Voluntary Cleanup Program included the removal of three underground storage tanks in 1993, excavation and off-site disposal of 161 tons of contaminated soil, pumping and treatment of excavation water through an oil/water separator, and a multi-year quarterly groundwater monitoring program that incorporated oxygen-releasing compound socks to address MTBE contamination. The site has received a No Further Action determination. 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 as part of a gasoline service station running since 1981 — five years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation costs — tank removals, 161 tons of soil disposal, groundwater treatment, and years of quarterly monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies covering the station during that early-1980s window may still be obligated to reimburse those cleanup expenditures.
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.
