This property has a documented history as a gasoline service station going back to 1945. 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 traces directly to USTs installed and operated beginning in 1945 — more than four decades before 1986, the year occurrence-based Commercial General Liability policies began including effective pollution exclusions. Leaded gasoline and petroleum products stored in those tanks represent exactly the type of long-running, pre-cutoff release that pre-1986 CGL policies covered without restriction. The documented costs of UST removals, soil excavation, and years of groundwater monitoring represent expenditures that historical carriers whose policies were in force during the Exxon fueling station's operational life may be obligated 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.