This property has a documented history as a gasoline service station going back to 1968. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property was developed between 1968 and 1972 as a Gull retail fueling station, equipped with nine fuel pumps, four 10,000-gallon gasoline underground storage tanks, and one 5,000-gallon diesel/oil UST. Retail fuel operations ceased in 1982 when Gull sold the property and all five tanks were decommissioned. Groundwater sampling has since confirmed contamination above cleanup levels, including petroleum hydrocarbons (TPH-G up to 12,000 µg/L, TPH-D+O up to 12,000 µg/L), benzene, and arsenic at concentrations up to 47 µg/L. The site is enrolled in Ecology's Standard Cleanup program and awaits active remediation. 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.
Fuel storage and dispensing operations at this property ran from 1968 through 1982 — entirely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum hydrocarbons, benzene, and arsenic now confirmed in groundwater at concentrations well above cleanup levels trace directly to those pre-1986 fueling operations. The investigation, design, and remediation costs the property now faces could plausibly be funded by historical carriers whose CGL policies were in effect during the fourteen years this station operated.
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.