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 fund a cleanup — and recover costs already spent.
This property was previously used as a fuel dispensing operation with at least seven underground storage tanks containing gasoline. During 1986, all seven USTs were removed in connection with parking garage construction, but an estimated 1,100 cubic yards of petroleum-contaminated soil were left in place at that time. A 2013 site hazard assessment confirmed that no remediation activities had occurred since those tank removals, and concentrations of gasoline, benzene, toluene, ethylbenzene, and xylenes in groundwater have been documented at levels exceeding MTCA Method A cleanup standards. The site remains on Washington's LUST list with cleanup work still outstanding. 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 site were in operation before 1986 — the period when occurrence-based Commercial General Liability policies issued in Washington carried no effective pollution exclusion. The BTEX contamination now documented in soil and groundwater beneath the property traces directly to those pre-1986 UST operations. With more than 1,100 cubic yards of impacted soil still in place and no active remediation yet undertaken, the full scope of investigation and cleanup costs lies ahead — expenditures that historical carriers who issued CGL policies during the USTs' operational window may be obligated to fund.
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.
