This property has a documented history as a bulk fuel distribution terminal going back to 1950. 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 diesel and gasoline contamination at this property originated from bulk fuel storage operations that began more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. Those policies — issued to the fuel depot's operators during the 1950s and 1960s, and potentially to The Gerard Company, which acquired the property in the 1970s — may remain enforceable against the historical carriers. With soil and groundwater remediation yet to begin, the costs of investigation and cleanup ahead could plausibly be funded by those historical policies.

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.