This property has a documented history as a gasoline service station going back to 1959. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Gas stations operated at this Tacoma property from 1959 through 1975, anchored by a Texaco Service Station with underground storage tank infrastructure and pump islands documented from 1961 and 1973. Areas of gasoline-related contamination are closely correlated with those former service station features, including the UST pit. Cleanup work under the Voluntary Cleanup Program has included excavation of 1,200 cubic yards of impacted soil, chemical oxidation (ISCO), bioventing and biosparging, soil vapor extraction, long-term groundwater and cap monitoring, and establishment of an environmental covenant; the recommended remedial alternative carries an estimated cost of $473,000. 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 releases at this property originated from underground storage tank operations that ran from 1959 through 1975 — entirely within the period when occurrence-based CGL policies carried no effective pollution exclusion. Regulatory analysis of the contamination confirms that releases pre-date 1979, placing the operative discharge squarely in the era when historical carriers were accepting pollution risk. The documented and projected remediation costs — soil excavation, in-situ chemical treatment, bioventing, vapor extraction, long-term monitoring, and an institutional control covenant totaling an estimated $473,000 — represent expenditures that those pre-1986 policies may be obligated both to recover and to fund going forward.
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.
