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 — 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 gasoline station operations at this property — established by historical Sanborn Maps and corroborated by the severely corroded condition of the removed UST — predate 1986, when occurrence-based Commercial General Liability policies were the industry standard and had no effective pollution exclusion in Washington. Carriers who issued CGL coverage during that pre-1986 operational window may be obligated both for the soil and tank remediation costs already incurred and for the projected $25,000 to $35,000 in long-term groundwater monitoring, institutional controls, and restrictive covenant work that remains ahead. The unresolved groundwater contamination at this site is the direct, traceable consequence of those historical operations — precisely the kind of continuing release occurrence-based policies were written to cover.

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.