This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property has operated as a fueling station under a succession of operators — including SDS Lumber Co, Union 76, Exxon, BP, ConocoPhillips, and Circle K — with three underground storage tanks (12,000-gallon, 10,000-gallon unleaded gasoline, and 8,000-gallon diesel) installed in 1986. A previous, unrelated petroleum release was investigated and addressed through a cleanup action, receiving No Further Action determination from Ecology in July 2013. The 2016 tank release resulted in benzene and petroleum-gasoline contamination in both soil and groundwater, since remediated to below cleanup levels, and the site has again achieved No Further Action status. 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 succession of commercial operators at this property — from SDS Lumber Co and Union 76 through Exxon and BP — reflects decades of continuous commercial use extending into the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. With two documented petroleum releases requiring investigation and remediation at this site, the cleanup expenditures incurred represent costs that historical CGL carriers who insured those pre-1986 operations may still be obligated to cover.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.