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 groundwater contamination at this property stems from historical underground storage tank operations that predate modern environmental regulations — precisely the type of long-duration, progressive release that occurrence-based CGL policies issued before 1986 were structured to cover. With cleanup already started and additional remediation still required, the property faces both past expenditures to recover and future cleanup costs to fund. Historical carriers who provided CGL coverage during the period these tanks were in active use may bear obligation for both.

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.