This property has a documented history as a gasoline service station going back to 1967. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property was converted from the Yakima City Creamery to a convenience store and gasoline service station circa 1967, with three 10,000-gallon gasoline underground storage tanks installed in the 1960s and a 6,000-gallon diesel UST added during later construction. Groundwater monitoring confirmed total petroleum hydrocarbons above MTCA Method A cleanup levels and lead contamination, with the groundwater exposure pathway identified as a site concern. The site underwent UST closure assessment and tank removal, and received a No Further Action determination under the Voluntary Cleanup Program in 2021. 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 installed in the 1960s — more than two decades before occurrence-based Commercial General Liability policies stopped reliably covering pollution claims. The remediation expenditures required to achieve No Further Action status — UST removal, site assessment, and groundwater investigation — were incurred to address releases tied directly to those pre-1986 fuel storage operations. Historical carriers who issued CGL policies during the 1960s and 1970s, when these tanks were actively storing and dispensing gasoline, may still be obligated to recover those documented cleanup costs.
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.