This property has a documented history as a bulk fuel distribution terminal going back to 1948. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

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.

Contamination at this property — petroleum hydrocarbons and lead in soil and groundwater — originated from bulk fuel operations that ran from 1948 until 1983, entirely within the era when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion in Washington. The presence of lead in soil and groundwater is a direct signature of leaded gasoline handled at this facility over those three-plus decades, linking the contamination unambiguously to pre-1986 operations. Historical carriers who issued CGL policies during that operational window may be obligated for the documented remediation expenditures already incurred — soil excavation, tank pad removal, air sparging design — as well as for costs that remain as cleanup continues.

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.