This property has a documented history as a gasoline service station going back to 1975. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property operated as a fueling station with three underground gasoline storage tanks — a 12,000-gallon and two 8,000-gallon units — installed approximately 1975. The gasoline USTs were decommissioned in May 1993 after 18 years of service, and a 6,000-gallon diesel UST on the adjacent property was removed in July 1993. Groundwater investigations confirmed contamination including benzene, petroleum gasoline, petroleum diesel, and non-halogenated solvents above MTCA Method A cleanup levels, with a documented plume migrating downgradient to the southwest. The site entered 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.
The underground storage tanks at this property were installed around 1975 and dispensed fuel for nearly two decades before decommissioning — placing the entire period of potential contamination squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. The groundwater contamination documented at the site — benzene and petroleum compounds confirmed above cleanup levels — is the type of gradual release those pre-1986 policies were designed to cover. Investigation, monitoring, and remediation costs incurred to reach the No Further Action determination represent expenditures that historical carriers who insured the fueling operation during its active years may be obligated to reimburse.
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.