This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property operated as a Union 76 / Unocal gasoline service station, with underground storage tanks and fuel dispenser islands serving retail customers. The USTs were excavated and removed in 1990, and the site underwent multi-year groundwater monitoring from at least 2005 through 2006 under the Voluntary Cleanup Program to address benzene contamination in groundwater. Ecology issued a No Further Action determination in 2007, and the VCP was formally terminated in 2008. 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.
The underground storage tanks at this site were in place and dispensing gasoline well before 1986, when occurrence-based Commercial General Liability policies were still issued without an effective pollution exclusion. The benzene contamination detected in groundwater is the kind of gradual release from aging UST infrastructure that those pre-1986 policies were designed to cover. The documented remediation expenditures — tank removal, soil work, and years of groundwater monitoring — represent costs that historical carriers who wrote CGL policies during the station's operating years may still be obligated to reimburse.
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.
