This property has a documented history as a farm and agricultural operation predating 1986. 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.

Two independent indicators place this tank's operation squarely in the pre-1986 window: the tank's cessation date of approximately 1990 after roughly 25 years out of service, and the detection of lead in the soil alongside gasoline contamination — a direct signature of leaded fuel formulations phased out in the early 1980s. Occurrence-based CGL policies issued before 1986 carried no effective pollution exclusion and may be triggered by contamination events tied to that operational period. The cleanup expenditures already incurred — tank removal, excavation, groundwater pumping attempts — and the remediation still required to address residual groundwater contamination represent costs that historical carriers whose policies covered this property during that window may be obligated to fund.

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.