This property has a documented history as a gasoline service station going back to 1926. 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.

Petroleum contamination at this property traces to gasoline operations that began in 1926 — six decades before 1986, when occurrence-based CGL policies with no effective pollution exclusion were still standard. Historical carriers whose policies were in force during that pre-1986 operational window may be obligated to reimburse the documented remediation costs already incurred: soil excavation, UST disposal, and investigation work. Separately, the 2012 Environmental Covenant imposes continuing monitoring and periodic review obligations, expenditures the same historical carriers may also be required to fund — making this a site with both a past-cost recovery claim and an ongoing-coverage dimension.

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.