This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property operates as an active cardlock fueling station dispensing gasoline and diesel from three underground storage tanks housed in a common excavation, with three dispenser islands under a shared canopy, adjacent to a Goodyear automotive repair facility. Phase II environmental site assessments have confirmed soil and groundwater contamination at the site, including gasoline, diesel, heavy oil, and lead — with lead detected in groundwater at 91.1 micrograms per liter, more than six times the MTCA cleanup level. Remediation to date has been limited to the temporary storage and planned off-site disposal of investigation-derived waste generated during drilling activities, and additional cleanup work is expected under the Standard Cleanup program. 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.
Elevated lead contamination in the groundwater at this fueling station is a strong indicator of historical leaded gasoline use, which was standard industry practice before 1986 and provides the basis for pre-1986 operational qualification at this site. Occurrence-based Commercial General Liability policies issued to operators of this facility during that pre-1986 window carried no effective pollution exclusion in Washington and remain potentially enforceable today. The documented investigation costs here — drilling, assessment, IDW disposal — along with the anticipated soil and groundwater remediation ahead represent liabilities that historical carriers 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.
