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 underground storage tank and fuel dispensing operations at this site predate 1986 — lead detected in soil samples reflects use of leaded gasoline, which was phased out of commercial sale before that year, and the tank was already in place when it was removed in 1989. Occurrence-based CGL policies issued during that pre-1986 window had no effective pollution exclusion and may still be obligated to respond to contamination originating from those operations. The documented remediation expenditures — tank removal, soil excavation, and years of groundwater monitoring — represent costs that historical carriers may be obligated to recover, and the ongoing performance-monitoring phase represents present and future expenses those same policies could help fund.

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.