This property has a documented history as a bulk fuel distribution terminal going back to 1940. 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.

Vaughn Distributing's predecessor operators ran bulk petroleum storage and distribution at this site for decades before 1986 — the era when occurrence-based CGL policies contained no effective pollution exclusion. Although the 1995 release was triggered by a component failure in upgraded dispensing equipment, it occurred at a facility whose bulk petroleum operations had been continuously insured under pre-1986 CGL policies for the better part of four decades. Historical carriers who issued those policies during the pre-1986 operating window may bear responsibility for the documented remediation expenditures: soil excavation, free product recovery, groundwater treatment, and the long-term pumping and filtration still ongoing.

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.