This property has a documented history as a gasoline service station going back to 1989. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
The Super Duper Grocery site has operated as a convenience store and fueling station since 1989, with underground storage tanks serving multiple fuel grades and pump islands beneath an associated canopy. Contamination attributed to chronic releases from fuel lines and dispenser sumps has prompted a Remedial Investigation and Feasibility Study evaluating four cleanup alternatives. Proposed remediation approaches include excavation of up to 2,600 cubic yards of petroleum-contaminated soil, in-situ treatments such as BOS 200® injections, electrical resistance heating, air/ozone sparging, chemical injection, and enhanced bioremediation, as well as soil vapor extraction, groundwater extraction and treatment, institutional controls, and long-term monitoring. Estimated closure timelines across the four alternatives range from 1.5 to 30 years. 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.
Tank 1 at this property carries a 'Leaded Gasoline' designation in the Washington State UST database, a classification that places the site's fuel infrastructure within the coverage scope of occurrence-based Commercial General Liability policies issued before 1986 — policies that contained no effective pollution exclusion and remain enforceable in Washington. The site's documented contamination from chronic fuel line and dispenser sump releases is exactly the type of gradual, repeated discharge those pre-1986 policies were written to cover. The significant remediation expenditures now anticipated — soil excavation, multi-technology in-situ treatment, groundwater recovery, and up to three decades of monitoring — represent costs that historical CGL carriers may be obligated to fund.
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.
