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 fund a cleanup — and recover costs already spent.
This property in Kent housed one diesel and one gasoline underground storage tank used for fuel dispensing operations. Both USTs were excavated and removed in 1990 after petroleum hydrocarbon contamination was identified, and groundwater monitoring conducted since 1994 has revealed persistent concentrations of TPH and BTEX exceeding MTCA Method A cleanup levels. The recommended remedy is a multi-year in-situ groundwater treatment program using Oxygen Release Compound injections, with estimated costs ranging from $100,600 to $168,400. Cleanup is ongoing. 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 site originated from underground storage tanks that were installed and operating well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The property has already incurred remediation costs for tank removal, soil excavation, and over a decade of groundwater monitoring — and now faces a six-figure groundwater treatment program still ahead. Historical carriers who issued CGL policies during the period those tanks were in active use may be obligated both to reimburse past cleanup expenditures 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.


