This property has a documented history as a public works and maintenance facility going back to 1979. Historical insurance policies issued during operations at this property 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.

Petroleum contamination at this facility traces to underground storage tanks installed and operated beginning in 1979 — seven years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures — removal of eighteen USTs, excavation of impacted soil, and sustained groundwater monitoring — represent costs tied directly to releases from those pre-1986 operations. Historical carriers who provided CGL coverage to the transit authority during that operational window may be obligated both to reimburse past cleanup costs and to fund the remediation still under way.

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.