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.

The petroleum contamination and lead found in soil and groundwater at this site originated from decades of gasoline and diesel storage and dispensing — operations that predate 1986, as evidenced by the presence of lead from historical leaded-gasoline use. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. More than three decades of documented remediation costs — facility removal, soil excavation, and ongoing groundwater monitoring — represent expenditures that historical carriers may be obligated both to reimburse and to fund 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.