This property has a documented history as a gasoline service station going back to 1930. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Owl Minimart property in Pomeroy has operated as a service station since 1930, with two single-wall underground storage tanks installed in 1964 and 1980 to support petroleum retail operations. Groundwater sampling confirmed contamination from those tanks — monitoring Well #2 recorded gasoline at 4.16 ppm and xylene at 33 ppb, exceeding the 20 ppb MTCA cleanup level, with additional contamination detected in wells adjacent to the former UST locations. Both tanks were removed in 1999, and the site is under the Standard Cleanup program with remediation underway. 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.
This service station operated continuously from 1930 — more than five decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions in the mid-1980s. The two underground storage tanks installed in 1964 and 1980 were single-wall construction, the type most associated with slow petroleum releases during exactly the coverage window when CGL policies were in force. Carriers that issued policies to the station's operators during those decades may bear obligation for the documented groundwater remediation costs this site now faces.
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.