This property has a documented history as a gasoline service station going back to 1940. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

Fuel dispensing operations at this property began in 1940, more than four decades before 1986 — when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The gasoline, benzene, and diesel found in soil and groundwater here reflect exactly the kind of gradual, long-running release those policies were written to address. The investigation and remediation costs the property owner now faces could plausibly be funded by historical carriers whose CGL policies were in force across the decades of gas station operations.

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.