This property has a documented history as a gasoline service station going back to 1975. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property has operated as a gas station since approximately 1975, with four underground storage tanks — ranging from 12,000 to 20,000 gallons — documented on site. In 2018, a leak was discovered in existing piping, prompting an ERTS report and regulatory action through 2019. A 2022 subsurface investigation confirmed diesel contamination in groundwater above MTCA Method A cleanup levels, with monitoring wells recording diesel concentrations as high as 5,500 ppb against a 500 ppb standard. The site is currently awaiting cleanup under Washington's Standard 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.
Gas station operations at this property date to approximately 1975 — more than a decade before 1986, when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion. Although the contamination was identified through a leak discovered in 2018 from existing piping, the fueling infrastructure and operations at this site trace to the pre-1986 policy window. The cleanup costs the property now faces — investigation, remediation design, and groundwater treatment for benzene, diesel, and other petroleum constituents — could plausibly fall within the coverage obligations of historical carriers whose policies were in effect during that earlier operational period.
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.