This property has a documented history as a bulk fuel distribution terminal 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 lead contamination detected in groundwater at this decommissioned bulk fuel terminal is consistent with historical operations predating 1986 — leaded gasoline was the industry standard during the facility's active years and was largely phased out by the early 1980s. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. With remediation costs already spanning years of soil excavation, on-site treatment, and ongoing groundwater monitoring, historical carriers who covered the facility during its operating life may be obligated both to recover past cleanup expenditures and to fund the work still ahead.

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.