This property has a documented history as a gasoline service station going back to 1978. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This half-acre property operated as the Smokey Point Chevron retail gasoline station and mini-mart, with the station building and underground storage tank system constructed in 1978. Cleanup under the Voluntary Cleanup Program has included excavation and removal of three 12,000-gallon USTs, the pump island, and 1,766.89 tons of contaminated soil, along with groundwater treatment via skimming and vacuum truck recovery of up to 4,900 gallons of liquid. An infiltration gallery was installed for future bioremediation, vapor barriers were put in place, and site restoration included backfilling with over 1,400 tons of material. Multi-year monitoring is ongoing and further remediation is needed at other areas of the site. 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 traces to underground storage tanks installed and operated continuously from 1978 — eight years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures are substantial: large-scale tank removal, nearly 1,800 tons of soil excavation, groundwater recovery, bioremediation infrastructure, vapor barriers, and long-term monitoring — with additional cleanup still required. Historical carriers who wrote CGL policies covering this station during its pre-1986 operations may be obligated both to reimburse costs already incurred and to fund the remediation work that remains.
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.
