This property has a documented history as a industrial and manufacturing facility going back to 1955. 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.

Fueling operations and petroleum storage at this property began in 1955 — more than three decades before the 1986 threshold at which occurrence-based Commercial General Liability policies effectively ceased covering pollution releases. The TPH-G and benzene contamination linked to the former USTs and fueling activities here is precisely the kind of long-running industrial release those pre-1986 CGL policies were designed to address. With quarterly groundwater monitoring still recommended and remediation ongoing, the historical carriers who issued policies during Van Dyke's decades of pre-1986 operations may be obligated both to recover past cleanup costs and to fund the work that remains.

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.