This property has a documented history as a gasoline service station going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
Simpsons Texaco operated as a gasoline service station in Cle Elum with five steel underground storage tanks installed in the early 1960s, later upgraded with interior epoxy coating to meet Washington Ecology standards. Groundwater testing identified benzene, petroleum-gasoline, petroleum-diesel, and non-halogenated solvents at the property. The site was enrolled in the Voluntary Cleanup Program and has since received a No Further Action determination from Ecology. 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.
Fuel storage and dispensing operations at this property began in the early 1960s — more than two decades before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion. The petroleum and solvent contamination found in groundwater here is consistent with releases from underground storage infrastructure that was in service throughout that pre-1986 window. Historical carriers who provided CGL coverage during those operational years may still be obligated to recover the remediation costs incurred at this site.
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.