This property has a documented history as a gasoline service station going back to 1967. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property has operated as a gasoline service station since 1967, when Union Oil Company constructed the first-generation facilities. In 1968, the original station building was built with two service bays, and two 10,000-gallon gasoline underground storage tanks and a 280-gallon waste oil tank were installed; a car wash also operated at the property prior to 1984. Groundwater monitoring conducted between 1991 and 1994 confirmed benzene concentrations exceeding MTCA Method A cleanup levels at multiple monitoring wells, and the site was addressed through the Voluntary Cleanup Program to 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.
Petroleum contamination at this property — benzene and gasoline-range hydrocarbons in groundwater — originated from underground storage tanks installed in 1967 and 1968, nearly two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The remediation expenditures required to bring this site through the Voluntary Cleanup Program to a No Further Action status were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies covering Union Oil Company or successor operators during that window may still owe indemnity for those cleanup costs.
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.