This property has a documented history as a gasoline service station going back to 1971. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property was constructed in 1971 as an Arco gasoline service station with a convenience store and restaurant, initially equipped with three gasoline underground storage tanks and one waste oil UST. In February 1992, EMCON Corporation removed the original four tanks on behalf of Arco Products Company and replaced them with new USTs — a 6,000-gallon unleaded, an 8,000-gallon unleaded, an 8,000-gallon leaded gasoline, and a 550-gallon waste oil tank. Gasoline operations at the site continued until 2011. Groundwater contamination has been confirmed, with petroleum hydrocarbon concentrations reaching 21,000 µg/L and benzene up to 35 µg/L in monitoring wells; the contaminated plume flows northeast and may extend off-property, and cleanup is under way through the Voluntary 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.
Arco operated this gasoline service station from 1971 — fifteen years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Petroleum contamination at the site has been linked to activities predating 1992, encompassing the entire pre-1986 window during which those underground storage tanks were actively dispensing fuel under CGL policies that carried no effective pollution exclusion. With cleanup now under way and confirmed groundwater impacts requiring ongoing remediation, historical carriers who insured the facility during its 1971-through-1986 operations may be obligated to fund both the costs already incurred and those 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.