This property has a documented history as a gasoline service station going back to 1924. 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 station from approximately 1924, when the facility was built at the northeast corner of the intersection with pump islands and a store. WSDOT Real Estate Maps from 1944 and 1956 confirm the presence of the fueling operation, and a 2015 UST Removal and Site Characterization investigation found three single-walled underground storage tanks with structural failure — numerous holes in all three tanks due to age. Gasoline-range hydrocarbons were detected in soil in all four cardinal directions at concentrations up to 530 mg/kg, exceeding MTCA Method A cleanup levels, and groundwater beneath the site was also impacted. Cleanup is underway. 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 petroleum contamination at this property resulted from the structural deterioration of underground storage tanks that were installed and operated for decades before 1986 — with fueling operations dating as far back as 1924. Occurrence-based CGL policies issued during that sixty-plus-year pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. The ongoing remediation costs — UST removal, site characterization, soil and groundwater cleanup — represent expenditures that 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.