This property has a documented history as a property with a heating oil tank 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 presence of leaded gasoline in the underground storage tanks confirms that fuel storage operations at this property were underway well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The documented remediation expenditures — UST removals, large-scale soil excavation, off-site treatment, and years of regulatory oversight — represent costs tied directly to those pre-1986 operations. Because cleanup is ongoing, historical carriers who issued CGL policies during the operational window may be obligated both to reimburse past remediation costs and to fund the work that remains.

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.