This property has a documented history as a public works and maintenance facility going back to 1981. 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 USTs at this terminal were installed in 1981 and dispensed leaded gasoline — a fuel phased out before 1986 — confirming that the contaminating operations fell squarely within the era of occurrence-based Commercial General Liability policies with no effective pollution exclusion. Petroleum hydrocarbons and lead have been detected in soil at the site, and decades of documented remediation costs — tank removals, soil excavation and disposal, groundwater monitoring infrastructure — represent expenditures that historical carriers who covered Port or lessee operations during the early 1980s may be obligated both to reimburse 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.