This property has a documented history as a industrial and manufacturing facility going back to 1966. 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 diesel UST at this facility was installed by the mid-1960s — well before 1986 — and the contamination it caused through documented overfill events is precisely the type of slow, recurring release that occurrence-based Commercial General Liability policies of that era were written to cover. Those pre-1986 CGL policies carried no effective pollution exclusion and remain enforceable today against the carriers who issued them during the tank's operational years. The documented remediation expenditures here — UST removal, soil excavation, and ongoing groundwater monitoring obligations — represent costs that historical insurers may be required both to recover and to fund as the Standard Cleanup program moves forward.

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.