This property has a documented history as a gasoline service station going back to 1950. 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.

Contamination at this site — gasoline, VOCs, PAHs, and lead — traces directly to fueling operations that began decades before 1986, and the presence of lead alongside gasoline is a recognized indicator of pre-1986 operations involving leaded fuel. Occurrence-based CGL policies issued to operators of this fueling station from the 1950s through the mid-1980s carried no effective pollution exclusion and remain enforceable today. The documented remediation costs — UST decommissioning, soil investigation, waste disposal — and the continuing cleanup work represent expenditures that historical carriers may be obligated both to recover and to fund going 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.