This property has a documented history as a bulk fuel distribution terminal predating 1986. 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.

The heating oil distribution operation that contaminated this property was active prior to 1978 — well within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. Contamination from historic heating oil USTs is precisely the type of slow, ongoing subsurface release those pre-1986 policies were written to address. The investigation, design, and remediation costs this property now faces could plausibly be funded by historical carriers whose policies were in force during the facility's operating years.

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.