This property has a documented history as a public works and maintenance facility 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 fleet fueling operation at this municipal maintenance yard predates 1986 — the period when occurrence-based Commercial General Liability policies were still the industry norm and carried no effective pollution exclusion in Washington. The underground storage tanks that released contamination into this property were in service during exactly that window, meaning the slow subsurface migration of petroleum from those tanks is the type of loss those policies were written to cover. The remediation costs now facing the City of Kirkland may be recoverable from historical carriers whose CGL policies were in force during the years the fueling station operated.

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.