This property has a documented history as a gasoline service station going back to 1971. Historical insurance policies issued during operations at this property and through 1986 could recover the cleanup costs already paid.
This property was developed as a gasoline service station with an automotive repair shop in approximately 1971, when five underground storage tanks were installed. The station was rebuilt and USTs replaced in 1983. Texaco Refining and Marketing, Inc. operated the site from 1971 to 1998, followed by Equilon (1998–2009) and PacWest Energy (2009–present). Cleanup was completed under the Voluntary Cleanup Program, with benzene and petroleum hydrocarbons detected in groundwater, and the site has received a No Further Action determination. 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 operations at this property began in 1971 — fifteen years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Texaco, as the operator throughout that pre-1986 window, held CGL policies that covered ongoing releases without an effective pollution exclusion under Washington law. The benzene and petroleum-gasoline contamination found in groundwater here traces to UST operations that were already underway during Texaco's coverage period, and the remediation expenditures incurred to reach No Further Action status represent costs those historical policies may be obligated to cover.
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.