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.

The contamination at this site is attributed to former underground storage tanks whose installation and operation are consistent with a public transit facility predating 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The remaining soil and groundwater cleanup — with grant-eligible remediation costs projected in the six-figure range — represents expenditures tied directly to those historical UST operations. Historical carriers whose policies were in force during that operational window may still be obligated to fund the cleanup 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.