This property has a documented history as a gasoline service station going back to 1980. 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 with three underground storage tanks — two 500-gallon and one 2,500-gallon — a dispenser island, and associated piping, all used to store and dispense gasoline. The USTs and dispenser infrastructure were removed in January 2005, and subsequent excavation work in 2007 and 2008 uncovered additional petroleum-contaminated soil tied to the same historical releases, resulting in the removal of approximately 225 cubic yards and 630 tons of contaminated soil across the three phases. Remediation remains ongoing under a Standard Cleanup, with cleanup costs currently being estimated. 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 gasoline contamination at this property originated from underground storage tanks installed and operated well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Multiple rounds of excavation spanning 2005 through 2008 — tank removals, dispenser-island demolition, and hundreds of tons of soil hauled off-site — have already generated substantial remediation expenditures, and cleanup is not yet complete. Historical carriers who covered the station's operators during that pre-1986 window may be obligated both to reimburse costs already incurred and to fund the remediation work still ahead.
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.
