This property has a documented history as a gasoline service station going back to 1905. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property was first developed with commercial buildings between 1905 and 1913, and an automotive fueling station with two underground storage tanks was constructed on site in 1937 and operated until before 1965. Fill soil imported to the property during the early 1900s was later found to contain polycyclic aromatic hydrocarbons, metals, and volatile organic compounds, and arsenic has been confirmed in groundwater at concentrations exceeding the MTCA Method A cleanup level. A remedial excavation was completed in 2016 during property redevelopment under the Voluntary Cleanup Program, and cleanup work remains ongoing. 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.
Contamination at this property traces to fill soil deposited as early as the 1900s and to fueling operations that began in 1937 — nearly five decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented remediation costs from the 2016 excavation and ongoing cleanup under the Voluntary Cleanup Program represent expenditures that historical carriers who issued CGL policies during those decades of operation 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.