This property has a documented history as a gasoline service station 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 gasoline and BTEX contamination documented at the neighboring facility originated from automotive fueling and repair operations that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Remediation costs already incurred — the 1994 excavation, the site investigation, well installation and decommissioning — trace back to releases tied to that pre-1986 operational window. Historical carriers who issued CGL policies covering the facility during those years may still be obligated to recover past cleanup expenditures and to fund any further remediation that the ongoing cleanup requires.

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.