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.
This property operated as a gasoline service station until approximately 1967, when it sat vacant for roughly 30 years before the current owner acquired it for use first as an auto glass business and later as Twin City Towing. In 1994, two 500-gallon underground storage tanks and a former dispenser island were removed, along with approximately 25 cubic yards of gasoline-contaminated soil that was landfarmed and used as fill on the back portion of the property; about 90 gallons of contaminated groundwater were pumped and disposed offsite, and solvent barrels were removed from the site as well. Despite that initial remediation work, the site remains in Awaiting Cleanup status under Washington's Standard Cleanup program. 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.
Lead contamination detected in soil and groundwater at this property — at levels as high as 402 µg/kg against an MTCA cleanup level of 5 µg/kg — confirms that leaded gasoline was dispensed here, an operational fact that places active fueling squarely in the pre-1986 era before leaded fuel was phased out for on-road vehicles. Occurrence-based Commercial General Liability policies in force during those decades of gas station operation contained no effective pollution exclusion and remain enforceable today. The documented remediation costs — tank removals, soil excavation, groundwater extraction, landfarm management — and whatever additional cleanup Washington's program now requires could plausibly be funded by historical carriers whose policies were in effect when the contamination originated.
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.
