This property has a documented history as a gasoline service station going back to 1982. Historical insurance policies issued during operations at this property 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 USTs at this property were installed and operating in 1982, placing the contamination-generating operations squarely within the pre-1986 window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The investigation expenditures already incurred to characterize the releases here — and the remediation costs now accumulating as cleanup proceeds — are precisely the liabilities those historical carriers were writing against. Recovering costs already spent and funding the active cleanup going forward are both claims that plausibly attach to pre-1986 CGL policies issued to the operators of this fueling station.

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.