This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during operations at this property 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 contamination at this property traces directly to underground fuel infrastructure that was in operation — and actively leaking — before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The cleanup costs the site owner faces to satisfy Ecology's remaining remediation requirements are precisely the kind of prospective expenditures that pre-1986 CGL carriers may still be obligated to fund. Any historical insurer whose policies were in force during the pre-1986 leaking period is a plausible source of coverage for the work ahead.

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.