This property has a documented history as a gasoline service station predating 1986. 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.

Lead detected above cleanup levels in groundwater at this property is a direct marker of pre-1986 operations — leaded gasoline was phased out before that year, meaning the release that produced this contamination originated during the era when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. Those historical carriers may still be obligated to respond to the documented costs of UST removal and contaminated-media disposal already incurred, as well as the soil remediation expenditures that lie 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.