This property has a documented history as a gasoline service station going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as an Exxon-branded fuel station with four underground storage tanks installed around 1960. The USTs were closed in October 1990 after approximately 30 years of service, and subsequent investigation has confirmed benzene, petroleum-gasoline hydrocarbons, and other non-halogenated organics in groundwater above state cleanup levels. The site is currently awaiting cleanup 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.
Petroleum contamination at this property originated from underground storage tanks that were installed and dispensing fuel for roughly 26 years before 1986 — the full span of the occurrence-based CGL era in which pollution exclusions were not yet standard. With cleanup still ahead rather than behind, the investigation, remediation design, and groundwater treatment costs the property now faces could plausibly be funded by the historical carriers whose policies were in force during those decades of Exxon-branded fuel operations.
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.