This property has a documented history as a public works and maintenance facility going back to 1977. 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.

Petroleum contamination at this site traces directly to underground storage tanks installed and operated by the City of Moxee beginning in 1977 — nearly a decade before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The presence of lead in groundwater confirms the historical nature of the release, consistent with leaded gasoline use during the pre-1986 period. With cleanup already underway and further remediation phases recommended, the documented and anticipated costs — tank removal, soil treatment, groundwater monitoring, chemical oxidation — represent obligations that historical carriers on the books during that 1977-and-forward operational window may be required 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.