This property has a documented history as a gasoline service station going back to 1940. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The south parcel of this property was developed as a Texaco gasoline station in 1940 and operated as such until approximately 1968, while the central parcel housed a family dwelling from 1937 and later an auto repair garage constructed in 1979. Underground storage tanks were removed from the property in November 1996. Site investigations have confirmed petroleum contamination, with oil range organics detected in groundwater above Method A cleanup levels near the property boundary. Cleanup is underway under Ecology'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.
Gasoline dispensing and storage at this property began in 1940 — more than four decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions in 1986. The petroleum contamination now confirmed in groundwater above cleanup levels is directly traceable to those decades of fuel storage and dispensing operations. Historical carriers who insured the Texaco station and subsequent operators during the pre-1986 window may be obligated to cover both the remediation costs already incurred and the cleanup expenditures 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.