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 — 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.

Gasoline contamination at this property originated from USTs that were leaking well before 1986 — one tank had already been removed prior to 1979, anchoring the contamination timeline firmly in the pre-1986 insurance era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Those policies, issued to the City of Tumwater during the years its municipal fuel storage was in operation, remain enforceable today. The documented remediation expenditures — dual UST removals, large-scale soil excavation, engineered groundwater controls, and institutional compliance measures — represent costs that historical carriers may be obligated both to recover and to fund going forward.

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.