This property has a documented history as a gasoline service station going back to 1978. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a fueling station since at least 1978, when single-wall steel underground storage tanks were installed on site. A cathodic protection system was added in 1995, and the current owner purchased the property in 2003. A site assessment by MTM Services LLC identified petroleum-related contamination in groundwater — including MTBE, benzene, halogenated organics, and petroleum hydrocarbons — with a water table at approximately eight feet depth, sandy soils, and a stream roughly 100 feet from the tank bed creating significant contamination pathways. Cleanup is underway 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.
The underground storage tanks that are the source of groundwater contamination at this site were installed in 1978, eight years before occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The contamination profile — MTBE, benzene, and petroleum hydrocarbons migrating through shallow sandy soils into groundwater — is precisely the kind of gradual release those pre-1986 policies were designed to address. Historical carriers who issued CGL policies during the years these single-wall steel tanks were in service may be obligated to fund both the remediation costs already incurred and the cleanup work 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.