This property has a documented history as a gasoline service station going back to 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a gasoline station since at least 1986, when its underground storage tank system — two 12,000-gallon gasoline tanks and associated piping — was originally installed. A failed UST integrity test in March 2022 revealed petroleum contamination in surrounding soils, with gasoline constituents including benzene, toluene, and xylenes detected around dispenser and piping areas. Cleanup to date has included excavation of 31.34 tons of contaminated soil to a depth of eight feet, replacement or lining of UST piping and sumps, and off-site disposal, with further drilling recommended to evaluate groundwater impact and define the full vertical extent of contamination. The station remains in active commercial operation as a Shell service station under ownership that took over in 2021. 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 UST system here was installed in 1986 — the final year occurrence-based CGL policies were standard in the industry, placing this site at the boundary of the pre-1986 coverage window rather than squarely within it. Whether policies in force during 1986 operations respond to this claim depends on the specific policy terms and the carrier's coverage period, but the gradual, operational nature of the release strengthens the case: integrity testing failure after decades of use points to contamination that accumulated over the life of the original tank system, not a discrete recent event. With soil excavation already completed and groundwater investigation still ahead, the full remediation cost trajectory at this site is far from settled.
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.
