This property has a documented history as a gasoline service station going back to 1969. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The Washington Ave N ROW property in Orting served as an automotive fueling and service facility whose pump island, underground storage tank basin, and station building are documented in 1969 and 1981 aerial photographs. A 2022 investigation attributed gasoline-range petroleum hydrocarbon and benzene contamination to this former service station and recommended listing the site on Washington State's contaminated sites list. No cleanup or remediation work has commenced; additional investigation is warranted to confirm the contamination extent and source. 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.
Fueling operations at this property were underway by at least 1969 — more than a decade before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The gasoline-range hydrocarbons and benzene now identified at the site represent the type of subsurface release those pre-1986 policies were written to cover. As investigation, site listing, and eventual remediation move forward, historical carriers who issued CGL coverage during the decades this station operated may be obligated to fund those costs.
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.