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 gasoline station at 208 Cherry St in Sumas underwent UST system upgrades in 2014, during which four operational underground storage tanks were removed along with two orphan metal USTs — a 4,000-gallon and a 1,500-gallon tank — that had been abandoned and forgotten from an earlier era of operations. The discovery of these metal orphan tanks, characteristic of pre-1986 installations, confirmed a longer operational history than the active tank inventory reflected. Groundwater contamination including benzene, lead, petroleum hydrocarbons, and non-halogenated solvents was identified and addressed through the Voluntary Cleanup Program, and the site has 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 orphan metal USTs discovered at this property are physical evidence of gasoline storage operations predating 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The groundwater contamination documented here — benzene, lead, and petroleum constituents — is consistent with releases from those earlier-era tanks, tying the environmental damage directly to the period when CGL coverage was in force. The remediation expenditures incurred to reach No Further Action status represent costs that historical carriers who insured this station during its pre-1986 operations may be obligated to recover.
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.