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 petroleum contamination affecting this property originated from gas station operations on an adjoining parcel that predated 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion and were still the industry standard. Those historical CGL policies — issued to the operators of the neighboring gas station during the decades it operated — may still obligate the historical carriers to contribute to the costs now being incurred for excavation, soil disposal, dewatering, and long-term remediation at this redevelopment site. The documented presence of pre-existing contamination from a known pre-1986 source is precisely the fact pattern that activates historical coverage claims.

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.