This property has a documented history as a gasoline service station going back to 1935. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a retail gasoline service station from at least 1935, when two 500-gallon underground storage tanks, a fuel pump island, and a service bay were first installed on the eastern portion of the site. That original station was demolished in 1953 and replaced by Wagner's Sav-Way gas station, with petroleum operations continuing until the station structures were removed by 1988. In 2014, five underground storage tanks were removed from the property, with one remaining UST closed in place; a Cleanup Action Plan has been proposed under the Voluntary Cleanup Program that calls for a multi-year air sparging and soil vapor extraction system to address contaminated soil and groundwater, with restoration estimated at two to five 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.
The petroleum contamination at this property traces directly to underground storage tanks first installed in 1935 — more than five decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and lacked effective pollution exclusions. The approved Cleanup Action Plan calls for a multi-year air sparging and soil vapor extraction program, representing substantial remediation expenditures tied to releases that originated during that pre-1986 operational window. Historical carriers who issued CGL policies to operators of this service station at any point during its decades-long run may remain obligated to fund those remediation costs.
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.
