This property has a documented history as a gasoline service station going back to 1966. 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 retail gasoline service station from prior to 1966 through 1989, with underground storage tanks dispensing leaded and unleaded gasoline. Two USTs were decommissioned when the station closed in 1989; two additional tanks were discovered and removed in 2001. Groundwater investigations under the Voluntary Cleanup Program have confirmed a dissolved-phase plume of petroleum hydrocarbons (TPH-G and BTEX) exceeding MTCA Method B cleanup levels, extending off-site beneath U.S. Highway 101, with free-phase petroleum product (LNAPL) detected in an off-site monitoring well. Cleanup is ongoing. 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 releases at this site originated from underground storage tanks that were installed and operated for more than two decades before 1986 — the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The contamination has migrated off-site in groundwater and produced free-phase product, indicating a substantial and continuing remediation obligation. Historical carriers who insured the fueling operations during the pre-1986 window may be obligated to cover both the cleanup costs already incurred and the remediation 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.