This property has a documented history as a gasoline service station going back to 1920. 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 gasoline service station beginning in the 1920s, with fuel islands and underground storage tanks serving retail petroleum sales for roughly seven decades before the facilities were demolished and removed in 1990. Petroleum contamination was discovered in 1988, and cleanup under the Voluntary Cleanup Program has included the removal of five underground storage tanks, excavation of approximately 3,500 cubic yards of contaminated soil, onsite soil treatment through aeration and bioremediation, operation of an air-sparge groundwater treatment system from 1994 to 1999, and quarterly groundwater monitoring from 1997 through 2006. Further soil and groundwater investigations are proposed for 2025 to support site closure. 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.
Petroleum contamination at this site originated from underground storage tanks and fueling operations that began more than six decades before 1986 — soil samples analyzed for lead confirm the use of leaded gasoline, a product phased out well before that date. Occurrence-based CGL policies issued to operators during that long pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures spanning from 1988 to the present — tank removals, thousands of cubic yards of soil excavation, groundwater treatment, long-term monitoring, and the additional investigation now proposed — represent costs the historical carriers 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.
