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.

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 contamination here is directly attributed to USTs that, by documented removal date, were in the ground well before 1986 — the threshold year after which occurrence-based CGL policies began excluding pollution claims. Those pre-1986 policies, issued to whoever operated fuel storage at this address during that window, carried no effective pollution exclusion under Washington law and remain enforceable today. The investigation and remediation costs this property now faces — sampling, cleanup design, and active remediation yet to come — represent expenditures that historical carriers may be obligated to 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.