This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property operates as a retail fueling station and convenience store in Aberdeen, with four underground storage tanks — including a 10,000-gallon leaded gasoline tank whose presence confirms fueling operations predating 1986. A Site Hazard Assessment identified petroleum contamination from the UST system; the contamination was discovered in 1999, and an insurance company declined to fund remediation after determining the release occurred before its policy period. The site is enrolled in Ecology's Standard Cleanup program, though no completed remediation activities are documented to date. 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 leaded gasoline UST at this property is direct evidence of fueling operations during the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The insurer that declined coverage explicitly stated the release predated its policy period — pointing squarely to the earlier, occurrence-based CGL window. As remediation costs accumulate ahead, historical carriers whose policies were in force when the contamination originated may bear the obligation to fund the cleanup this site now faces.
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.
