This property has a documented history as a gasoline service station going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a gas station from 1950 until 1991, with six underground storage tanks and three fuel pump islands serving the site over that four-decade span. The tanks were removed in 1991–1992, and an Agreed Order was issued to address petroleum contamination in groundwater. Light non-aqueous phase liquid (LNAPL) was discovered in 2007, contaminated groundwater was removed in 2009, and monitoring conducted in 2013–2014 confirmed that benzene and petroleum hydrocarbons remain above MTCA cleanup levels. Cleanup is ongoing under the Voluntary 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 site — benzene, gasoline-range and diesel-range hydrocarbons, and non-halogenated solvents confirmed in groundwater — originated from gas station operations that began in 1950, more than three decades before 1986. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion and remain enforceable in Washington. With active remediation still underway decades after tank removal, the historical carriers who insured the site's operations may be obligated both to recover past cleanup expenditures and to fund the ongoing remediation.
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.