This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property operated as an Exxon Service Station with three steel underground storage tanks — one 8,000-gallon and two 12,000-gallon — documented as in service by November 1991. BP purchased the station from Exxon in 1992, and the steel USTs were removed in November 1995; ownership subsequently passed through TOSCO to Circle K. Groundwater investigations under the Voluntary Cleanup Program identified benzene, petroleum-gasoline, petroleum-diesel, and non-halogenated solvents, and the site has since 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.
The three steel underground storage tanks at this station were of a construction type standard before the 1988 EPA regulations mandating corrosion-resistant alternatives, placing their installation — and the onset of petroleum storage operations — well before 1986. Benzene and petroleum hydrocarbons found in groundwater are consistent with long-duration releases from aging steel tanks during that pre-1986 operational window. Occurrence-based CGL policies issued to operators during the years those tanks were in service may cover the investigation and remediation expenditures incurred to bring this site to its No Further Action status.
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.